HomeMy WebLinkAbout2009-12-01 OrdinancePrepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 6b
ORDINANCE NO.
AN ORDINANCE APPROVING A CONDITIONAL ZONING AGREEMENT FOR AUDITOR'S
PARCEL 2008103, APPROXIMATELY 25.16 ACRES OF PROPERTY IN THE COMMUNITY
COMMERCIAL (CC-2) ZONE FOR WESTPORT PLAZA, INCLUDING WAL-MART AT 855, 911 &
1001 HIGHWAY 1 WEST. (REZ09-00008)
WHEREAS, on June 13, 1989, the City adopted an ordinance rezoning from Industrial, I-1, to
Commercial, CC-2, approximately 28.084 acres of land located South of Highway 1 West and entered into
a Conditional Zoning Agreement (the "1989 CZA") which established certain conditions and restrictions on
the owner of said 28.084 acres; and
WHEREAS, on September 23, 2008, the City approved a conditional zoning agreement (the "2008
CZA") that replaced and superseded the 1989 CZA and obligated the Developer to substantially comply
with a concept site plan and landscaping plan that showed one building and a large parking lot; and
WHEREAS, Wal-Mart has submitted a Concept Site Plan to the City that materially varies from the
terms set forth in the 2008 CZA, and has thus requested the 2008 CZA be replaced with and superseded
by the attached Conditional Zoning Agreement; and
WHEREAS, the Planning and Zoning Commission has recommended approval of the attached
agreement, which includes conditions related to ensuring that the property develops in a manner
consistent with the Comprehensive Plan, paying particular attention to the aesthetics and landscaping of
this site which serves as a major entranceway to the city; and
WHEREAS, Iowa Code §414.5 (2009) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs caused by the requested change; and
WHEREAS, the owner and applicant has agreed that the property shall be developed in accordance with
the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate
development in this area of the City.
WHEREAS, the Iowa City, City Council concurs with the recommendations of the Planning and Zoning
Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. The attached Conditional Zoning Agreement is hereby approved for the
property described below:
Auditor's Parcel 2008103, Johnson County, Iowa, in accordance with the Plat thereof recorded in
Book 53, at Page 269, in the records of the Johnson County Recorder's Office, containing 25.16
acres and subject to the easements and restrictions of record.
SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to
certify a copy of this ordinance and the attached Conditional Zoning Agreement and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of , 20
MAYOR
ATTEST:
CITY CLERK
Approved by CLt~c :.~~ZE~-~~Zryz-l A~~l/~'~--
City Attorney's Office ~ ~/~ y~~
Prepared by and Retum to' Sara F Greenwood Hektoen Asst City Attorney 410E Washineton St Iowa City IA 52240 (3 1913 3 1-5 03 0
CONDITIONAL ZONING AGREEMENT
THIS CONDITIONAL ZONING AGREEMENT (this "Agreement") is made among the City of
Iowa City, Iowa, a municipal corporation (hereinafter "City") and Wal-Mart Realty Company, an
Arkansas corporation, Wal-Mart Real Estate Business Trust, a Delaware business trust and Wal-
Mart Stores, Inc., a Delaware corporation (hereinafter, collectively "Wal-Mart" or "Owners").
WHEREAS, on June 13, 1989, the City adopted an ordinance rezoning from Industrial, I-1, to
Commercial, CC-2, approximately 28.084 acres of land located South of Highway 1 West and
entered into a Conditional Zoning Agreement (the "1989 CZA") which established certain
conditions and restrictions on the owner of said 28.084 acres; and
WHEREAS, the 1989 CZA was amended on September 24, 1996 (the "1989 CZA, as
amended"); and
WHEREAS, on September 23, 2008, the City approved a conditional zoning agreement that
replaced and superseded the 1989 CZA and obligated the Developer to substantially comply with
a concept site plan and landscaping plan that showed one building and a large parking lot; and
WHEREAS, the 1989 CZA, as amended, and the 2008 CZA are covenants running with the land
and inure to the benefit of all successors and assigns of the property burdened thereby; and
WHEREAS, Wal-Mart owns and desires to redevelop approximately 25.16 acres of said land
("the Property"), which is considered a major entrance to Iowa City; and
WHEREAS, the City has a policy to preserve and enhance the entranceways to Iowa City; and
WHEREAS, Wal-Mart has submitted a Concept Site Plan to the City that materially varies from
the terms set forth in the 2008 CZA, and has thus requested the 2008 CZA be replaced with and
superseded by this Agreement; and
WHEREAS,. the Planning and Zoning Commission has recommended approval of such request
subject to conditions related to ensuring that the Property is developed in a manner consistent
with the City's Comprehensive Plan as it exists as of the date of this Agreement and compatible
with the adjacent neighborhood, paying particular attention to the aesthetics and landscaping of
this site which serves as a major entranceway to the City;
WHEREAS, Iowa Code Section 414.5 (2009) provides that the City may impose reasonable
conditions when land is rezoned over and above existing regulations in order to satisfy the public
needs directly caused by the requested change; and
WHEREAS, Owners acknowledge that certain conditions and restrictions are reasonable to
ensure that the Property is developed in a manner consistent with the Comprehensive Plan and is
compatible with the adjacent neighborhood;
WHEREAS, Owners agree to use the Property in accordance with the terms and conditions of
this Agreement;
THEREFORE, it is agreed as follows:
1. This Agreement hereby replaces and supersedes the 2008 CZA with respect to the land
legally described in Paragraph 2 herein.
2. Owners are the title holder of the land legally described as follows:
Auditor's Parcel 2008103, Johnson County, Iowa, in accordance with the Plat thereof
recorded in Book 53, at Page 269, in the records of the Johnson County Recorder's
Office, containing 25.16 acres and subject to the easements and restrictions of record.
3. The parties acknowledge that the City has a policy, as stated in the Comprehensive Plan,
to preserve and enhance the entranceways to Iowa City and to take special care with
regard to the site design of commercial establishments, including landscaping to soften
the impact of the structures and lessen the effect of large parking lots. Owners agree and
acknowledge this policy is reasonable, proper and appropriate under the circumstances.
4. The parties agree that Highway I West is a major entranceway to Iowa City from the
southwest. Wal-Mart acknowledges the City's policy concerning entranceways governs
this rezoning request, therefore Wal-Mart agrees to provide certain amenities over and
above City regulations in order to lessen the impact on the surrounding area and enhance
the development of the entranceway to the City, said amenities are more particularly
described below.
5. The development will substantially conform to the , 2009 Concept Site
Plan (the "Concept Site Plan"), the , 2009 building elevations and the October
28, 2009 Landscaping Plan, attached and by this reference incorporated herein
(collectively, the "Plans"), particularly with regard to the building location and
orientation, the square footage of greenspace, the storefront landscaping, facade design,
location of the bus stop, location of the public access easement and the configuration of
parking spaces. In addition to the site development standards set forth in the Iowa City
Code of Ordinances, Wal-Mart agrees and acknowledges that:
a. The two internal landscaped median aisles running the length of the parking lot,
but not containing a sidewalk, shall have a minimum width of nine (9) feet;
b. This Agreement in no way modifies or affects the Bus Stop License Agreement
entered into between Wal-Mart and City on November 25, 2008;
c. The development of Lots 2 and 3 shall comply with the local zoning standards for
large retail uses, as set forth in Iowa City Code of Ordinances Section 14-2C-6K
entitled "Commercial Site Development Standards." Prior to development, the
developer shall obtain Staff approval of the site plan for each lot, which will not
be unreasonably withheld.
d. Three free-standing signs shall be permitted to be located as shown on the
Concept Site Plan;
e. The Property may be re-developed in two phases. Phase I shall include the
demolition of the existing Cub Foods and Staples buildings, construction of the
new Wal-Mart store, and installation of all improvements on land not currently
occupied by the existing Wal-Mart Store. Phase II shall consist of demolition of
the existing Wal-Mart and installation of all necessary erosion control measures
as may be required by applicable law, including the installation and maintenance
of grass on Lots 2 and 3 until said lots are developed;
£ Upon completion of Phase I in conformance with all applicable City
requirements, the City shall issue a temporary certificate of occupancy valid for
120 days. If Phase II has not been completed upon the expiration of the temporary
certificate of occupancy, said certificate may be extended if the Applicant has
shown good faith efforts to begin Phase II;
g. Upon completion of Phase II in conformance with all applicable City
requirements, the City shall issue a certificate of occupancy;
h. Wal-Mart delivery traffic shall be directed to enter and exit the site from Ruppert
Road.
6. Not withstanding Paragraph five (5) above, the Plans attached may be modified within
the general parameters of the Plans, such as structural dimensions and tree species. Any
modifications departing from the Plans must and shall be subject to staff review and
approval. Nothing in this Agreement shall be construed to require Owners to conform to
the Plans in every detail, as the Plans are intended as conceptual in nature. Neither party
may intentionally digress from the Plans for any arbitrary reason.
7. Owners and the City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2009), and that said
conditions satisfy public needs that are directly caused by the requested rezoning.
8. Owners and the City acknowledge that in the event the Property is transferred, sold,
redeveloped, or subdivided, all redevelopment will conform with the terms of this
Agreement.
9. The parties acknowledge that this Agreement shall be deemed effective upon recording,
which shall occur upon adoption and publication of the Ordinance and the parties further
acknowledge that this Agreement shall be deemed to be a covenant running with the land
and with title to the land, and shall remain in full force and effect as a covenant with title
to the land, unless or until released of record by the City. In the event Wal-Mart does not
pick up and pay for the building permit for the construction of the Wal-Mart supercenter
structure contemplated on the Concept Site Plan within two (2) years from the date of
Council approval of the Ordinance, this Agreement and corresponding Ordinance shall
automatically be released and repealed two years from the date of Council approval of the
Ordinance. In the event of such release and repeal, the Property shall continue to be
subject to and burdened by the 1989 CZA, as amended.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
l0. Owners acknowledge that nothing in this Agreement shall be construed to relieve them
from complying with all other applicable local, state, and federal regulations.
11. The parties agree that this Agreement shall be incorporated by reference into the
ordinance approving this Agreement and rezoning the Property (the "Ordinance"), and
that upon adoption and publication of the Ordinance, this Agreement shall be recorded in
the Johnson County Recorder's Office at Wal-Mart's expense.
12. The Parties acknowledge and agree that until such time as Wal-Mart picks up and pays
for the building permit for the construction of the Wal-Mart Supercenter structure
contemplated on the Concept Site Plan, the Property and the buildings presently existing
thereon shall be required to comply with the 1989 CZA, as amended, and not this
Agreement.
13. If Wal-Mart or any Owner is delayed or hindered in or prevented from the performance
of any obligation required under this Agreement by reason of failure of power, strikes,
lock outs, riots, insurrection, war, military or usurped power, sabotage, unusually severe
weather, fire or other casualty, or other reason of a like nature beyond the reasonable
control of such delayed party, the time for performance of such obligation may be
extended for the period of the delay.
Dated this day of , 2009.
WAL-MART REALTY COMPANY,
an Arkansas corporation
By
Name
Title
WAL-MART REAL ESTATE BUSINESS
TRUST, a Delaware statutory trust
By
Name
Title
CITY OF IOWA CITY, IOWA
By
Regenia D. Bailey, Mayor
By
Marian K. Karr, City Clerk
Approved by:
City Attorney's Office
WAL-MART STORES, INC., a Delaware
corporation
By _
Name
Title
WAL-MART ACKNOWLEDGEMENTS
State of Arkansas, County of Benton ss:
This instrument was acknowledged before me on the
2009 by , as
an Arkansas corporation, on behalf of the corporation.
_ day of ,
of Wal-Mart Realty Company,
Notary Public in and for the State of Arkansas
My commission expires:
State of Arkansas, County of Benton ss:
This instrument was acknowledged before me on the day of
2009 by , as of Wal-Mart Real Estate
Business Trust, a Delaware statutory trust, on behalf of the trust.
Notary Public in and for the State of Arkansas
My commission expires:
State of Arkansas, County of Benton ss:
This instrument was acknowledged before me on the day of
2009 by , as of Wal-Mart Stores, Inc., a
Delaware corporation, on behalf of the corporation.
Notary Public in and for the State of Arkansas
My commission expires:
CITY OF IOWA CITY ACKNOWLEDGEMENT:
State of Iowa, County of Johnson, ss:
On this day of 2009, before me, the undersigned, a notary public
for the state of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr, to me
personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Iowa City, Iowa, executing the within and foregoing instrument; that
the seal attached thereto is the seal of said corporation by authority of its City Council; and that
the said Mayor and City Clerk acknowledged the execution of said instrument to be the
voluntary act and deed of said corporation, by it and by them voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires:
`~' ~J
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
ORDINANCE NO.
AN ORDINANCE AMENDING THE CONDITIONAL ZONING AGREEMENT TO MODIFY THE
CONCEPT SITE PLAN FOR APPROXIMATELY 25.16 ACRES OF PROPERTY IN THE
COMMUNITY COMMERCIAL (CC-2) ZONE FOR WESTPORT PLAZA INCLUDING WAL-MART
AT 855, 911 & 1001 HIGHWAY 1 WEST. (REZ09-00008)
WHEREAS, on June 13, 1989, the City adopted an or finance rezoning from Industrial, I-1, to
Commercial, CC-2, approximately 28.084 acres of land located South of Highway 1 West; and
WHEREAS, on June 13, 1989, the Joseph Company d the City entered into a Conditional
Zoning Agreement which established certain conditions and re trictions on the owner of said 28.084
acres; and \~.
WHEREAS, on September 23, 2008, the City adopte an ordinance amending the 1989
Conditional Zoning A reement to allow reconfiguration of dev lopment to permit the construction of an
approximately 176,00 square foot retail store on a 25.16 acr portion of the 28.084 acres; and
WHEREAS, Wa Mart has requested the 2008 Con tional Zoning Agreement be amended to
allow for the substitution o he 2008 Concept Site Plan with new a Concept Site Plan and building
design to allow a reduction i he size of the Wal-Mart build g from approximately 176,000 square feet to
approximately 150,000 square et and the creation of two dditional commercial lots; and
WHEREAS, the Plannin nd Zoning Commissio has recommended approval of said
amendments to the Conditional Zo ~ g Agreement subje to conditions related to ensuring that the
property develops in a manner consis nt with the Comp hensive Plan, paying particular attention to the
aesthetics and landscaping of this site ich serves as major entranceway to the city; and
WHEREAS, Iowa Code §414.5 (2 7) provide that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezone reque t, over and above existing regulations, in order to
satisfy public needs caused by the requested c nge and
WHEREAS, the owner and applicant has ed that the property shall be developed in accordance
with the terms and conditions of the Conditional Z ~ g Agreement attached hereto to ensure appropriate
development in this area of the city.
WHEREAS, the Iowa City, City Council concur with the recommendations of the Planning and
Zoning Commission.
NOW, THEREFORE, BE IT ORDAINED Y THE CI OUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. The Condition Zoning Agreement ~ hereby amended to include a revised
concept plan and building design (dated July , 2008) for the property scribed below: -
LEGAL DESCRIPTION: CUB FOODS (R I SUPERVALU, INC.) _ T~
PARCEL ONE ~.
LOT 1 OF A RESUBDIVISION OF L T 2, WESTPORT PLAZA, IOWA CITY, IOWA, ACCORDING ~fl~; ~,
THE PLAT OF THE RESUBDIVISI N RECORDED IN BOOK 37, PAGE 264, PLAT RECORDS :CAF w
JOHNSON COUNTY, IOWA; EX PTING THEREFROM; COMMENCING AT THE SOUTHEAST ---
CORNER OF THE WESTPORT P AZA, IOWA CITY, JOHNSON COUNTY, IOWA, IN ~4000RDANCE
WITH THE PLAT RECORDED I PLAT BOOK 32 AT PAGE 289, OF THE REC RDS OF THE
JOHNSON COUNTY RECORDE 'S OFFICE; THENCE NORTH 00 DEGREES, 51 MINUTES 23
SECONDS EAST, ALONG THE EAST LINE OF SAID WESTPORT PLAZA, 854.05 FEET TO THE
POINT OF BEGINNING; THENCE NORTH 38 DEGREES 29 MINUTES 03 SECONDS WEST, 94.65
FEET, TO A POINT ON THE NORTH LINE OF SAID WESTPORT PLAZA; THENCE SOUTH 89
DEGREES 08 MINUTES 37 SECONDS EAST, ALONG SAID NORTH LINE, 60,00 FEET; THENCE
SOUTH 00 DEGREES 51 MINUTES 23 SECONDS WEST, ALONG THE WEST LINE OF SAID
WESTPORT PLAZA, 73.20 FEET, TO SAID POINT OF BEGINNING.
PARCEL TWO
NON-EXCLUSIVE EASEMENTS APPURTENANT TO AND FOR THE BENEFIT OF PARCEL ONE, AS
CREATED IN EASEMENTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND DATED
Ordinance No.
Page 2
JANUARY 29, 1993, FILED JANUARY 29, 1993 IN BOOK 1497, PAGE 102; AS AMENDED BY
AGREEMENT TO AMEND ECR DATED OCTOBER 26, 1994, FILED DECEMBER 27, 1994 IN BOOK
1852, PAGE 103; AS FURTHER AMENDED BY AGREEMENT TO AMEND ECR. DATED OCTOBER 17,
1996, FILED OCTOBER 25, 1996 IN BOOK 2176, PAGE 52; AS FURTHER AMENDED BY THIRD
AMENDMENT TO EASEMENTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND, DATED
JANUARY 9, 1997, FILED JANUARY 30, 1997 IN BOOK 2218, PAGE 23.
PARCEL THREE
COMMENCING AT THE SOUTHEAST CORNER OF WESTPORT PLAZA, IOWA CITY, JOHNSON
COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT RECORDED IN PLAT BOOK 32, AT PAGE 289,
OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE NORTH 00
DEGREES 51 MI UTES 23 SECONDS EAST, ALONG THE EAST LIN OF SAID WESTPORT PLAZA,
754.71 FEET, TO THE POINT OF BEGINNING, THENCE CONTINU NG NORTH 00 DEGREES 51
MINUTES 23 SECO DS EAST, ALONG SAID WEST LINE 99.34 FE ~ THENCE SOUTHEASTERLY
77.16 FEET. ALONG 409.92 FOOT RADIUS CURVE CONCAVE N THEASTERLY, WHOSE 77.05
FOOT CHORD BEARS, OUTH 35 DEGREES 55 MINUTES 38 SECO DS EAST; THENCE SOUTH 51
DEGREES 39 MINUTES SECONDS WEST, 59.53 FEET, TO S D POINT OF BEGINNING. SAID
PROPERTY IS ALSO DESC IBED AS AUDITOR'S PARCEL 2000-0 5, PURSUANT TO THE PLAT OF
SURVEY RECORDED IN BO 42, PAGE 287, PLAT RECORDS O JOHNSON COUNTY, IOWA.
WALMART LEGAL DESCRIPTION: _ - .:
LOT 1 IN FINAL PLAT WESTPORT AZA, IOWA CITY, I A, IN SECTION 16, TOWNSHIP 79_
NORTH, RANGE 6, WEST OF THE FIF PRINCIPAL ME IAN, IN JOHNSON GOU.NTY,~ AS PERK
PLAT OF SUBDIVISION FILED IN BOO 32, PAGE 289, ORE PARTICULARLY~?ESCf~ED A~'
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNE OF TH SOUTHWEST QUARTER OF SEC'F1ON 16,
TOWNSHIP 79 NORTH, RANGE 6, WEST OF TH FIF PRINCIPAL MERIDIAN; THENCE NORTH 00
DEGREES 51 MINUTES 23 SECONDS EAST (A R C RDED BEARING), ALONG THE EAST LINE OF
SAID SOUTHWEST QUARTER, 230.00 FEET, T THE SOUTHEAST CORNER OF WESTPORT
PLAZA, IOWA CITY, JOHNSON COUNTY, IOW I ACCORDANCE WITH THE PLAT THEREOF
RECORDED IN PLAT BOOK 32, AT PAGE 289, R OR OF THE JOHNSON COUNTY RECORDER'S
OFFICE; THENCE SOUTH 89 DEGREES 42 UTES 0 SECONDS WEST, ALONG THE SOUTH
LINE OF SAID WESTPORT PLAZA, 811.94 F T; THEN E NORTH 49 DEGREES 57 MINUTES 39
SECONDS WEST, ALONG THE WESTERLY INE OF SAI WESTPORT PLAZA, 3.46 FEET, TO THE
SOUTHERNMOST CORNER OF LOT 1 F SAID WES PORT PLAZA, AND THE POINT OF
BEGINNING; THENCE CONTINUING NO TH 49 DEGREE 57 MINUTES 39 SECONDS WEST,
ALONG THE SOUTHWESTERLY LINE SAID LOT 1, 714. 0 FEET, TO THE WESTERNMOST
CORNER THEREOF; THENCE NORTH DEGREES 02 MINUT S 21 SECONDS EAST, ALONG THE
NORTHWESTERLY LINE OF SAID LO 1, 367.11 FEET; THEN NORTHWESTERLY 33.14 FEET
ALONG SAID NORTHWESTERLY LINE, ONE 15.00 FOO RADIUS CURVE. CONCAVE
SOUTHWESTERLY, WHOSE 26.80 OOT CHORD BEARS NORT 23 DEGREES 15 MINUTES 44
SECONDS WEST; THENCE NORT ESTERLY 12.30 FEET, ALONG AID NORTHWESTERLY LINE,
ON 112.50 FOOT RADIUS CURV .CONCAVE SOUTHWESTERLY, HOSE 12.29 FOOT CHORD
BEARS NORTH 89 DEGREES 41 INUTES 45 SECONDS WEST; THEN E SOUTH 87 DEGREES 10
MINUTES 19 SECONDS WES ,ALONG SAID NORTHWESTERLY LI 66.28 FEET; THENCE
NORTHWESTERLY 116.45 FE ALONG SAID NORTHWESTERLY LINE O A 187.50 FOOT RADIUS
CURVE, CONCAVE NORTHE STERLY, WHOSE 114.59 FOOT CHORD BEAR NORTH 75 DEGREES
02 MINUTES 10 SECONDS EST TO ITS INTERSECTION WITH THE SOUT RLY RIGHT-OF-WAY
LINE OF IOWA PRIMARY OAD NO. 1; THENCE NORTH 48 DEGREES 18 MI UTES 47 SECONDS
EAST, ALONG SAID NORT WESTERLY LINE AND SOUTHERLY RIGHT-OF-WA INE 80.00 FEET;
THENCE SOUTHEASTERLY 48.28 FEET ALONG SAID NORTHWESTERLY LINE ON A 112.50 FOOT
RADIUS CURVE, CONCAVE NORTHEASTERLY WHOSE 47.91 FOOT CHORD BEARS SOUTH 80
DEGREES 31 MINUTES 59 SECONDS EAST; THENCE NORTH 87 DEGREES 10 MINUTES 19
SECONDS EAST, ALONG SAID NORTHWESTERLY LINE, 66.28 FEET; THENCE SOUTHEASTERLY
107.37 FEET, ALONG SAID NORTHWESTERLY LINE ON A 187.50 FOOT RADIUS CURVE, CONCAVE
Ordinance No.
Page 3
SOUTHWESTERLY WHOSE 105.91 FOOT CHORD BEARS SOUTH 76 DEGREES 25 MINUTES 22
SECONDS EAST; THENCE NORTH 40 DEGREES 02 MINUTES 21 SECONDS EAST ALONG SAID
NORTHWESTERLY LINE 486.55 FEET. TO THE NORTHERNMOST CORNER THEREOF; THENCE
SOUTH 49 DEGREES 57 MINUTES 39 SECONDS EAST ALONG THE NORTHEASTERLY LINE OF
SAID LOT, 1497.34 FEET TO THE EASTERNMOST CORNER THEREOF; THENCE SOUTH 40
DEGREES 02 MINUTES 21 SECONDS WEST ALONG THE SOUTHEASTERLY LINE OF SAID LOT
1,474.00 FEET; THENCE SOUTH 49 DEGREES 57 MINUTES 39 SECONDS EAST, ALONG SAID
SOUTHEASTERLY LINE, 206.27 FEET; THENCE SOUTH 40 DEGREES 02 MINUTES 21 SECONDS
WEST, ALONG SAID SOUTHEASTERLY LINE, 486.00 FEET TO THE POINT OF BEGINNING.
LEGAL DESCRIPTION: STAPLES (STAPLES THE OFFICE SUPEf~STORE EAST, INC.
PARCEL O E
LOT 2 OF ESUBDIVISION OF LOT 2, WESTPORT PL IOWA CITY, IOWA, IN JOHNSON
COUNTY, 10
PARCEL TWO
NON-EXCLUSIVE SEMENTS APPURTENANT TO AN FOR THE BENEFIT OF PARCEL ONE, AS
CREATED BY EAS ENTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND DATED
JANUARY 29, 1993 FIL D FOR RECORD JANUARY 2 , 1993 RECORDED IN BOOK 1497, PAGE 102,
AND AS AMENDED BY ENDMENTS THERETO O RECORD.
SECTION IV. CERTIFIC TION AND RECORDI G. The City Clerk is hereby authorized and directed to
certify a copy of this ordinance nd the Amendme to Conditional Zoning Agreement and record the same
in the Office of the County Reco er, Johnson Co nty, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this or ins
SECTION V. REPEALER. All n
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If
invalid or unconstitutional, such adjuc
section, provision or part thereof not
SECTION VII. EFFECTIVE. DA'
as pr vided by law.
nce and parts of ordinances in conflict with the provisions of this
ection, provision or part of the Ordinance shall be adjudged to be
n shall not affect the validity of the Ordinance as a whole or any
ed invalid or unconstitutional.
phis Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of
MAYOR
20
ATTEST:
CITY C RK
Approved by
City Attorney's ffice
..:::a
Pcc/data/staffreports/rez08-0006-ord .~..
~~
STAFF REPORT
To: Planning & Zoning Commission
Item: REZ09-00008/SU609-00008
Wal-Mart Subdivision
Prepared by: Robert Miklo
Date: November 5, 2009
GENERAL INFORMATION:
Applicant: Wal-Mart Stores, Inc.
P.O. Box 8050
Bentonville, AR 72716-8050
Contact Person: Neil Evans
ARC Design
1475 S. Perryville Road
Rockford, IL 61108
Phone: 815-484-4300
Requested Action: Amendment to Conditional Zoning Agreement and
subdivision into 3 commercial lots.
Purpose: To reconfigure the previously approved concept plan
to allow asmaller Wal-Mart Store and the creation of
two additional commercial lots.
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning
Comprehensive Plan:
File Date:
45 Day Limitation Period:
BACKGROUND INFORMATION:
1001 Highway 1 West
25.16 acres
Commercial (CC-2)
North: Commercial - CC-2 and CI-1
South: Undeveloped Airport - CI-1 and P1
East: Commercial -CI-1
West: Undeveloped - CI-1
South Central District -Commercial
September 24
November 8
In September 2008, the City Council approved amendments to the Conditional Zoning Agreement
(CZA) for Westport Plaza to allow the reconfiguration of the previously approved plan for amulti-
tenant shopping center to allow the property to be developed as one lot with a single large retail
store. The approved plan included specific landscaping and building designs.
2
Wal-Mart would now like to revise the plan to reduce the size of the proposed store from
approximately 176,000 square feet to 150,000 square feet. Rather than one lot with the Wal-
Mart store, they are proposing a 3-lot subdivision with one large lot for the Wal-Mart store and
two 46,500 square foot lots in the western part of their property. These lots would be sold for
future development.
ANALYSIS:
The original CZA (1989) and the current CZA (2008) were intended to address Comprehensive
Plan policies regarding the aesthetics and landscaping of this property, which serves as a major
entranceway to the city. The current CZA requires compliance with an approved concept site
plan, including a landscape plan and building elevations.
Wal-Mart is proposing to reduce the size of the proposed -store from approximately 176,000
square feet to 150,000 square feet. The proposed concept site plan reflects the smaller store and
fewer parking spaces. As a result approximately 2 acres on the southwest side of the property
are no longer needed for Wal-Mart's purposes. They propose to subdivide that area to create two
lots that would be sold to other commercial developments. A vehicle access easement will be
established to provide access to lots 2 and 3 from Highway 1 and Ruppert Road.
With the exception of the proposed new location for the bus stop (discussed below), staff finds
that the revised concept site plan, landscaping plan and building elevations are generally
consistent with the plan approved in 2008. The landscaping and the building design are very
similar to the previously approved plan and we believe that they meet the intent of the
Comprehensive Plan and the CZA. At the time of final site plan review detailed building
elevations will need to be reviewed and approved for compliance with section 14-2C-6 K.
Standards for Large Retail Uses.
Because specific users have not been identified for proposed lots 2 and 3, site plans and
building designs are not available to review for those lots. To assure that their eventual
development conforms to the intent of the Comprehensive Plan and the original CZA, staff
recommends that the new CZA require that the development of those lots be approved by the
staff design review committee using the criteria of the 14-2C-6, Commercial Site Development
Standards, subsection K. Standards for Large Retail Uses. Even though any future buildings
proposed for lots 2 and 3 may not meet the 50,000 square foot threshold of subsection K,
adherence to these standards will assure consistency within the development and will address
the City's goal for improved aesthetics along Highway 1 as expressed in the South Central
District Plan.
Staff recommends that all other conditions of the CZA, including those pertaining to signs,
landscape medians and phasing, be included in the new CZA.
Wal-Mart is proposing to move the bus stop from the previously agreed to location near the
northeast corner of the store, to an area located on the other side of the drive in front of the
store. Staff recommends that the bus stop be located as previously agreed to. Our concern is
that bus riders not have to cross driveways. It is our goal to make transit service as safe and
convenient as possible to encourage more transit use city-wide. The transit manager also
indicated that it will be safer and less difficult for a bus to stop and restart at the location
adjacent to the store because they will only have one stream of traffic to be concerned. With
the location as proposed by Walmart, there will also be intersecting traffic from the main drive in
front of the store. Since the drives on this site will be as wide as or wider than many City
streets, the traffic speeds may be comparable to street traffic with regard to the hazards for
pedestrians.
PCD\Staff Reports\rez09-00008 sub09-00008 wal-mart.final. doc.doc
3
PRELIMINARY PLAT:
Compliance with subdivision requirements:
The preliminary plat will create two additional lots on this property. In general staff finds that the
plat meets City requirements, except for the issue of public access. The existing drives on the
Walmart site provide traffic circulation and access to public streets for the other existing
properties in the area and public access easements extend across the existing network of
circulation drives: Since the three lots proposed in this new plat have little frontage on a public
street, well-designed and shared circulation drives are necessary to provide the necessary
access to public streets in the area. The existing public access easements are shown on sheet
1 of the plat. On sheet 2, the applicant proposes to reduce the extent of the public access
easements and eliminate the easement over the drive that will extend along the front of the new
Walmart store. In order to provide necessary traffic circulation, Staff recommends that a public
access easement be extended across all circulation drives similar to the previous plat.
The City Engineer's office notes several additional minor discrepancies on the submitted plat.
Revised plats were received the day this report was mailed, so the City Engineer has not had
an opportunity to make a final review. Other than the public access issue noted above, Staff
expects that remaining discrepancies, if any, will be resolved prior to Planning and Zoning
Commission consideration.
Sensitive Areas:
The submitted preliminary plat indicates that the site contains hydric soils that are regulated by
the City's sensitive areas ordinance. The purpose of regulating lands that contain fully hydric
soils is to recognize the constraints imposed on urban development projects by potential
wetlands or high water tables. Since this site is already developed a wetland analysis is not
necessary. However, at the time of final plat, when detailed construction drawings and
calculations are submitted, the City may require additional utility protections, as necessary for
these soil conditions.
STAFF RECOMMENDATION:
Staff recommends that REZ09-00008/SUB09-00008 an application submitted by Wal-Mart
Stores, Inc. for a rezoning to amend the Conditional Zoning Agreement to modify the concept site
plan, including landscape plan and building elevations, and a Preliminary Plat of Wal-Mart
Subdivision, an approximately 25.16-acre 3-lot commercial subdivision located at 1001 Highway 1
West, be approved subject to 1) resolution of the location and extent of the public access
easement; 2) the bus stop being located at the northeast corner of the store; 3) anew
Conditional Zoning Agreement that contains the same requirements as the 2008 CZA, with the
exception of the changes to the concept site plan, including landscape plan and building
elevations, as attached, and 4) a requirement that development of lots 2 and 3 be approved by
the staff design committee for compliance with Section 14-2C-6 K. Standards for Large Retail
Uses.
DEFICIENCIES AND DISCREPANCIES:
1. The public access easement should pass in front of the Wal-Mart store in a fashion similar
to the existing easement that goes in front of Cub Foods and Staples. This is necessary
to provide a good circulation pattern and access to Ruppert Road for all of the lots.
2. Other minor discrepancies as noted by the City Engineer's Office.
PCD\Staff Reports\rez09-00008 sub09-00008 wal-mart.final. doc.doc
4
ATTACHMENTS:
1. Location Map
2. Proposed Concept Plan 2009
3. Approved Concept Plan 2008
4. Preliminary Plat
5. Correspondence from applicant's attorney
6. Conditional Zoning Agreement (2008)
Approved by: ' ~ -~
Karen oward, Acting Senior Planner
Department of Planning and Community Development
PCD\Staff Reports\rez09-00008 sub09-00008 wal-mart.final. doc.doc
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Page 1 of 1
Karen Howard
From: Dennis Mitchell [dennism@meardonlaw.com]
Sent: Thursday, October 29, 2009 9:18 AM
To: Karen Howard
Subject: Wal-Mart Application
Attachments: BUS ROUTE EXHIBIT 10-28-09.pdf
Hi Karen. In follow-up to our discussion yesterday, I'm writing to confirm that Wal-Mart proposes locating the
bus stop as shown on the most recent concept plan that was submitted. Although we realize this is a slight
change from the location shown on the concept plan that was approved last year, Wal-Mart believes that the
new proposed location provides better visibility and safety for customers who ride the bus. The prior location
would be more isolated, and from Wal-Mart's standpoint, not as safe as a location that has visibility from the
front of the store. The new location would not require any change in the bus route, and would not require
customers to cross any more drives than customers who park in the parking lot. A separate exhibit showing the
proposed location for the bus stop is attached.
If you have any questions, please let me know.
Thanks,
Dennis
Dennis J. Mitchell
Meardon, Sueppel & Downer P.L.C.
122 S. Linn St.
Iowa City, IA 52240
319-338-9222
Fax: 319-338-7250
dennism@mea_rdonlaw.com
This e-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U. S. C. Sections
2510-2521, is confidential and is legally privileged. This message and its attachments may also be privileged and
attorney work product. They are intended for the individual or entity named above. If you are not the intended
recipient, please do not read, copy, use or disclose this communication to others; also please notify the sender
by replying to this message, and then delete it from your system.
Thank you.
10/29/2009
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Pr Halal by ^~d R~tum to Sara F Greenwo<xl Hekrorn :1st Citv Auomay ~<<> E Washim*ton St, luw~ City IA ~?2~0, (31~il33IS030
CONDITIONAL ZONING AGREEMENT
"THIS CONDITIONAL ZONING AGREEMENT (this "Agreement") is made among the City of
Iowa City, [ova, a municipal corporation (hereinafter "City"), Wal-Mart Realty Company, an
Arkansas corporation, Wal-Mart Real Estate Business Trust, a Delaware business trust and Wal-
Mart Stores, Inc., a Delaware corporation (collectively, "Wal-Mart"), SUPERVALU INC., a
Delaware corporation, successor to RSI-Supervalu [ne., a Delaware corporation ("Supervalu"),
and Staples The Office Superstore, East Inc., a Delaware corporation ("Staples") (hereinafter,
collectively, Wal-Mart, Supervalu and Staples, "Owners").
WHEREAS, on June 13, 1989, the City adopted an ordinance rezoning from Industrial, I-1, to
Commercial, CC-2, approximately 28.084 acres of land located South of Highway l West; and
WHEREAS, on June 13, 1989, the Joseph Company and the City entered into a Conditional
Zoning Agreement (the "1989 CZA") which established certain conditions and restrictions on the
owner of said 28.084 acres; and
WHEREAS, the 1989 CZA was amended on September 24, 1996 (as so amended, the "1989
CZA, as amended"); and
WHEREAS, the 1989 CZA, as amended, is a covenant running with the land and inures to the
benefit of all successors and assigns of the property burdened thereby; and
WHEREAS, Wal-Mart owns approximately 13.75 acres (the "Wal-Mart Parcel") and has the
right to purchase approximately 11.41 acres of the original 28.084 acres of the property
burdened by the 1989 CZA, as amended, and now desires to redevelop said 25.16 acres (the
"Property"), which is considered to be major entrance to Iowa City; and
WHEREAS, the City has a policy to preserve and enhance the entranceways to Iowa City; and
WHEREAS, Wal-Mart has submitted a Concept Site Plan to the City that materially varies from
the terms set forth in the 1989 CZA, as amended, and has thus requested the 1989 CZA, as
amended, be modified by replacing it with this Agreement with respect to the Property; and
WHEREAS, the Planning and Zoning Commission has recommended approval of such
modification subject to conditions related to ensuring that the Property is developed in a manner
consistent with the City's Comprehensive Plan as it exists as of the date of this Agreement and
compatible with the adjacent neighborhood, paying particular attention to the aesthetics and
landscaping of this site which serves as a major entranceway to the City;
WHEREAS, Iowa Code Section 414.5 (2007) provides that the City may impose reasonable
conditions when land is rezoned over and above existing regulations in order to satisfy the public
needs directly caused by the requested change; and
7R?3-4435-`)93R.R
WHEREAS, Owners acknowledge that certain conditions and restrictions are reasonable to
ensure that the Property is developed in a manner consistent with the Comprehensive Plan and is
compatible with the adjacent neighborhood;
WHEREAS, Owners agree to use the Property in accordance with the terms and conditions of
this Agreement;
THEREFORE, it is agreed as follows:
1. This Agreement hereby replaces and supersedes the 1989 CZA, as amended, with respect
to the land legally described in Paragraph 2 herein.
2. Owners are the title holder of the land legally described as follows:
Wal-Mari Parcel:
Lot 1 Of Final Plat Westport Plaza, Iowa City, Iowa, In Section 16, Township 79 North,
Range 6, West Of The Fifth Principal Meridian, In Johnson County, As Per Plat Of
Subdivision Filed In Book 32, Page 289.
Staples Parcel:
Lot 2 Of a Resubdivision Of Lot 2, Westport Plaza, Iowa City, Iowa, In Johnson County,
Iowa, According To The Plat Of The Resubdivision Recorded In Book 37, Page 264, Plat
Records Of Johnson County, Iowa.
SuperValu Parcel:
Lot 1 Of A Resubdivision Of Lot 2, Westport Plaza, Iowa City, Iowa, According To The
Plat Of The Resubdivision Recorded In Book 37, Page 264, Plat Records Of Johnson
County, Iowa; Excepting Therefrom; Commencing At The Southeast Corner Of The
Westport Plaza, Iowa City, Johnson County, Iowa, In Accordance With The Plat
Recorded In Plat Book 32 At Page 289, Of The Records Of The Johnson County
Recorder's Office; Thence North 00 Degrees, 51 Minutes 23 Seconds East, Along The
East Line Of Said Westport Plaza, 854.05 Feet To The Point Of Beginning; Thence
North 38 Degrees 29 Minutes 03 Seconds West, 94.65 Feet, To A Point On The North
Line Of Said Westport Plaza; Thence South 89 Degrees 08 Minutes 37 Seconds East,
Along Said North Line, 60.00 Feet; Thence South 00 Degrees 51 Minutes 23 Seconds
West, Along The West Line Of Said Westport Plaza, 73.20 Feet, To Said Point Of
Beginning.
3. The parties acknowledge that the City has a policy, as stated in the Comprehensive Plan,
to preserve and enhance the entranceways to Iowa City and to take special care with
regard to the site design of commercial establishments, including landscaping to soften
the impact of the structures and lessen the effect of large parking lots. Owners agree and
acknowledge this policy is reasonable, proper and appropriate under the circumstances;
4823-4435-9938.8
4. The parties agree that Highway 1 West is a major entranceway to Iowa City from the
southwest. Wal-Mart acknowledges the City's policy concerning entranceways governs
this rezoning request, therefore Wal-Mart agrees to provide certain amenities over and
above City regulations in order to lessen the impact on the surrounding area and enhance
the development of the entranceway to the City, said amenities are more particularly
described below;
5. The development will substantially conform to the Concept Site Plan (including the
building elevations) (the "Concept Site Plan") and Landscaping Plan dated July 3, 2008,
attached and by this reference incorporated herein (collectively, the "Plans"), particularly
with regard to the building location and orientation, the square footage of greenspace, the
storefront landscaping, facade design, and the configuration of parking spaces. In
addition to the site development standards set forth in the Iowa City Code of Ordinances,
Wal-Mart agrees and acknowledges that:
a. The three internal landscaped median aisles running the length of the parking lot,
but not containing a sidewalk, shall have a minimum width of nine (9} feet;
b. Wal-Mart shall cooperate with the City to locate a public bus stop and/or shelter
on the site and Wal-Mart shall, in its discretion, either relocate the shelter
currently located on the Wal-Mart Parcel to the new location agreed-upon with
the City at Wal-Mart's expense or shall acquire and install or construct a new
shelter, at Wal-Mart's expense, of a quality and design at least equal to the bus
shelter currently located on the Wal-Mart Parcel, and subject to terms and
conditions to be agreed upon in writing by Wal-Mart and the City Manager as the
representative of the City;
c. Three free-standing signs shall be permitted to be located as shown on the
Concept Site Plan;
d. The Property may be re-developed in two phases. Phase I shall include the
demolition of the existing Cub Foods and Staples buildings, construction of the
new Wal-Mart store, and installation of all improvements on land not currently
occupied by the existing Wal-Mart Store. Phase II shall consist of demolition of
the existing Wal-Mart and installation of the final site improvements;
e. Upon completion of Phase I in conformance with all applicable City
requirements, the City shall issue a temporary certificate of occupancy valid for
120 days. If Phase II has not been completed upon the expiration of the temporary
certificate of occupancy, said certificate may be extended if the Applicant has
shown good faith efforts to begin Phase II;
f. Upon completion of Phase II in conformance with all applicable City
requirements, the City shall issue a certificate of occupancy;
g. Wal-Mart delivery traffic shall be directed to enter and exit the site from Ruppert
Road.
6. The Plans attached may be modified within the general parameters of the Plans, such as
structural dimensions and tree species. Any modifications departing from the Plans must
and shall be subject to staff review and approval. Nothing in this Agreement shall be
4823-4435-9938.8
construed to require Owners to conform to the Plans in every detail, as the Plans are
intended as conceptual in nature. Neither party may intentionally digress from the Plans
for any arbitrary reason.
7. Owners and the City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2007), and that said
conditions satisfy public needs that are directly caused by the requested rezoning.
8. Owners and the City acknowledge that in the event the Property is transferred, sold,
redeveloped, or subdivided, all redevelopment will conform with the terms of this
Agreement.
9. The parties acknowledge that this Agreement shall be deemed effective upon recording,
which shall occur upon adoption and publication of the Ordinance and the parties further
acknowledge that this Agreement shall be deemed to be a covenant running with the land
and with title to the land, and shall remain in full force and effect as a covenant with title
to the land, unless or until released of record by the City. In the event Wal-Mart does not
pick up and pay for the building permit for the construction of the Wal-Mart supercenter
structure contemplated on the Concept Site Plan within two (2) years from the date of
Council approval of the Ordinance, this Agreement and corresponding Ordinance shall
automatically be released and repealed two years from the date of Council approval of the
Ordinance. In the event of such release and repeal, the Property shall continue to be
subject to and burdened by the 1989 CZA, as amended.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
10. Owners acknowledge that nothing in this Agreement shall be construed to relieve them
from complying with all other applicable local, state, and federal regulations.
11. The parties agree that this Agreement shall be incorporated by reference into the
ordinance approving this Agreement and rczoning the Property (the "Ordinance"), and
that upon adoption and publication of the Ordinance, this Agreement shall be recorded in
the Johnson County Recorder's Office at Wal-Mart's expense.
12. The City acknowledges this Agreement is being entered into prior to Wal-Mart acquiring
fee title to that portion of the Property currently owned by Supervalu and Staples. The
City acknowledges and agrees that until such time as Wal-Mart picks up and pays for the
building permit for the construction of the Wal-Mart supercenter structure contemplated
on the Concept Site Plan, the Property and the buildings presently existing thereon shall
be required to comply with the 1989 CZA, as amended, and not this Agreement.
13. If Wal-Mart or any Owner is delayed or hindered in or prevented from the performance
of any obligation required under this Agreement by reason of failure of power, strikes,
lock outs, riots, insurrection, war, military or usurped power, sabotage, unusually severe
weather, fire or other casualty or other reason of a like nature beyond the reasonable
control of such delayed party, the time for performance of such obligation may be
4823-4435-9938.8
extended for the period of the delay.
Dated this ~ day of ~~' , 2008.
WAL-MART REALTY COMPANY,
an Ar sa c rporation
By
~-~d Pt
S ~ tts
Regional Vice President, Design and Real
Estate
WAL-MART REAL ESTATE BUSINESS
TRUST, a el ware statutory trust
By
S is ~ ~L
Regional Vice President, Design and Real
Estate
WAL-MART STORES, INC., a Delaware
corpo
By
D
Regional Vice President, Design and Real
Estate
SUPER LU INC., a D ware corporation,
successor to SI-Sup alu Inc., a Delaware
corporation
By _
Name
CITY OWA CIT , IO A
By
Re ~ D. Bailey, Mayor
By 9` `~QA.L~
Marian .Karr, City Clerk
Approved by: uta ~C~~/
City Attorney's Office ~LSIvQ'
4823-4435-9938.8
WAL-MART ACKNOWLEDGEMENTS
State of Arkansas, County of Benton ss:
This instrument was acknowledged before me on the 22nd day of August, 2008 by Brian
Hooper, as Regional Vice President, Design and Real Estate, of Wal-Mart Realty Company, an
Arkansas corporation, on behalf of the corporation.
;•s~Pi'€:;o;'•; ROBIN M. LE MEUR
Benton County
'9q~;~ sPht My C M ~i'si2013xpires Notary Pu lic in and for the State of Arkansas
My commission expires: May 1, 2013
State of Arkansas, County of Benton ss:
This instrument was acknowledged before me on the 22"d day of August, 2008 by Brian
Hooper as Regional Vice President, Design and Real Estate of Wal-Mart Real Estate Business
Trust, a Delaware statutory trust, on behalf of the trust.
5,;;~;~,, ROBIN M. LE MEUR
;
_ -
~ Benton County
`
- My Commission Expires
',9KAN5~y. May 1, 2013
Notary Public in and or the State of Arkansas
My commission expires: May 1, 2013
State of Arkansas, County of Benton ss:
This instrument was acknowledged before me on the 22"d day of August 2008 by Brian
Hooper as Regional Vice President, Design and Real Estate of Wal-Mart Stores, Inc., a Delaware
corporation, on behalf of the corporation.
.
s~;$~;~., ._..
ROBIN M. LE MEUR
;
.~~ ~.;= Benton County
- t• P~~ ~ = My Commission Expires
~~"?KANSP;'• May 1, 2013
Notary Public in and for the State of Arkansas
My commission expires: May 1, 2013
4823-4435-9938.8
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Prepared by: Sarah Walz, Associate Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239
(REZ09-00007)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 7.91 ACRES OF PROPERTY
LOCATED ON HUNTINGTON DRIVE WEST OF TAFT AVENUE, FROM INTERIM DEVELOPMENT
SINGLE-FAMILY TO MEDIUM DENSITY SINGLE-FAMILY. (REZ09-00007)
WHEREAS, the applicant, Arlington Development, Inc. has requested a rezoning of property located on
Huntington Drive west of Taft Avenue from Interim Development Single-Family (ID-RS) to Medium Density
Single-Family (RS-8) zone; and
WHEREAS, the Comprehensive Plan indicates that this area is appropriate for single-family
development; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and
determined that it complies with the Comprehensive Plan provided that it meets conditions required to
address the future upgrade of Taft Avenue and additional buffering for lots fronting on Taft Avenue; and
WHEREAS, Iowa Code §414.5 (2009) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs caused by the requested change; and
WHEREAS, the applicant has agreed that the property shall be developed in accordance with the terms
and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in
this area of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, property described below is hereby reclassified from its current zoning designation of ID-RS to RS-8:
BEGINNING at the Northeast corner of Windsor Ridge Part Twenty One, Iowa City, Iowa, in
accordance with the recorded Plat thereof; Thence S89°59'58"W, along the North line of said Windsor
Ridge Part Twenty One, 516.49 feet; Thence N38°28'20"E, 234.34 feet; Thence N00°09'52"W, 528.71
feet; Thence N07°21'53"W, 190.04 feet; Thence N89°00'06"E, along the South line of Stone Creek
Subdivision, Iowa City, Iowa, in accordance with the recorded Plat thereof, 380.83 feet, to a point on the
East line of the Southeast One-Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth
Principal Meridian, Johnson County, Iowa; Thence S00°59'54"E, along said East line 907.40 feet, to said
POINT OF BEGINNING, containing 7.91 acres, and subject to easements and restrictions of record.
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner and the City,
following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
Ordinance No.
Page 2
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided bylaw.
Passed and approved this day of , 20
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office ~,~j7~~q
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
First Consideration 11 / 17 / 2009
Vote forpaSSage:AYES: Champion, Hayek, O'Donnell, Wilburn, Wright, Bailey.
NAYS: None. ABSENT: Correia.
Second Consideration 12/1/2009
Vote for passage: AYES: Champion, Correia, Hayek, O'Donnell, Wilburn, Wright,
Bailey. NAYS: None. ABSENT: None.
Date published
Prepared by: Sarah Walz, Associate Planner, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5239
(REZ09-00007)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Arlington Development, Inc. (hereinafter "Owner"):
WHEREAS, Owner is the legal title holder of approximately 7.91 acres of property located on
Huntington Drive West of Taft Avenue; and
WHEREAS, the Owner has requested the rezoning of said property from Interim Development
Single-Family (ID-RS) to Medium Density Single-Family (RS-8); and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding the future upgrade of Taft Avenue and the need to buffer development on
lots abutting Taft Avenue, the zoning is in conformance with the Comprehensive Plan; and
WHEREAS, Iowa Code §414.5 (2009) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs caused by the requested change; and
WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to
ensure the development of the property is consistent with the Comprehensive Plan and the
need for right-of-way improvements and buffering development from traffic along the arterial
street; and
WHEREAS, the Owner agrees to develop this property in accordance with the terms and
conditions of this Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Arlington Development, Inc. is the legal title holder of the property legally described as
follows:
BEGINNING at the Northeast corner of Windsor Ridge Part Twenty One, Iowa City, Iowa, in
accordance with the recorded Plat thereof; Thence S89°59'58"W, along the North line of
said Windsor Ridge Part Twenty One, 516.49 feet; Thence N38°28'20"E, 234.34 feet;
Thence N00°09'52"W, 528.71 feet; Thence N07°21'53"W, 190.04 feet; Thence
N89°00'06"E, along the South line of Stone Creek Subdivision, Iowa City, Iowa, in
accordance with the recorded Plat thereof, 380.83 feet, to a point on the East line of the
Southeast One-Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth
Principal Meridian, Johnson County, Iowa; Thence S00°59'54"E, along said East line 907.40
feet, to said POINT OF BEGINNING, containing 7.91 acres, and subject to easements and
restrictions of record.
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5
(2009) provides that the City of Iowa City may impose reasonable conditions on granting
an applicant's rezoning request, over and above the existing regulations, in order to
ppdadm/agUcza rez09-OD007 stone bridge 10.doc
satisfy public needs caused by the requested change, including the future upgrade of
Taft Avenue and appropriate buffers for lots that front on to the arterial street.
3. In consideration of the City's rezoning the subject property, Owner agrees that
development of the subject property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
a. Developer shall. grant to City necessary temporary construction easements, as
determined by the City, at no expense to the City, for the improvement of Taft Avenue to
City standards;
b. Developer shall contribute 12.5% of the cost of upgrading to City standards that
portion of Taft Avenue adjacent to the land currently being rezoned, as described in
paragraph 1 above, pursuant to Iowa City Ordinance 15-3-2K;
c. lots adjacent to Taft Avenue shall be a minimum of 140 feet in depth;
d. A minimum of 50% of the landscaping along Taft Avenue shall be comprised of
evergreen plantings. The landscaping in all other aspects shall substantially comply with
the attached landscaping plan.
4. The Owner and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2009), and that said
conditions satisfy public needs that are caused by the requested zoning change.
5. The Owner and City acknowledge that in the event the subject property is transferred,
sold, redeveloped, or subdivided, all redevelopment shall conform with the terms of this
Conditional Zoning Agreement.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and with title to the land, and shall remain in full force
and effect as a covenant with title to the land, unless or until released of record by the
City of Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
7. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner or Applicant from complying with all other applicable
local, state, and federal regulations.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
Dated this day of , 20
CITY OF IOWA CITY ARLINGTON DEVELOPMENT, INC.
ppdadm/agUcza rez09-00007 stone bridge 10.doc 2
Regenia D. Bailey, Mayor
Attest:
Marian K. Karr, City Clerk
Approved by:
,~'1 Cat u- ~'r~L,c,?.~r~vu1~~1~7~r~
City Attorney's Office ~~ I r~ /J~
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
ss:
JOHNSON COUNTY )
a-~ Q e~'Q.~~,~ ~. e,~
~ r j ~'h ~rF
~~.,-- ~
By:
By:
On this day of A.D. 20 ,before me, the
undersigned, a notary public in and for the State of Iowa, personally appeared Regenia D. Bailey
and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that
said instrument was signed and sealed on behalf of said municipal corporation by authority of its
City Council; and that the said Mayor and City Clerk as such officers acknowledged that the
execution of said instrument to be the voluntary act and deed of said corporation, by it and by
them voluntarily executed. .
Notary Public in and for the State of Iowa
ARLINGTON DEVELOPMENT, INC. ACKNOWLEDGEMENT
STATE OF IOWA )
ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on this /7 day of l~o~m,~z, 2009, by
oHN N(r,~~<aw~, ~e (name(s) of person(s)) as O~'~rC~~P (type of
authority, e.g., officer, trustee, etc.) of Arlington Development, Inc.
o,S&~'1~ s Tv SONDRAE FORT
2 ~ Commission Number 159791
My Commission Expires
ow ? 020!
S~~ ~
Notary Public in and for the State of Iowa
ppdadm/agUcza rez09-00007 stone bridge 10.doc 3
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Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO. 09-4363
AN ORDINANCE AMENDING TITLE 14, ZONING CODE, TO ALLOW SPECIALIZED
EDUCATIONAL FACILITIES IN THE INTENSIVE COMMERCIAL (CI-1) ZONE BY SPECIAL
EXCEPTION.
WHEREAS, one of the purposes of the Intensive Commercial Zone is to reserve space in
the community for businesses and recreational uses that are land intensive, requiring large
outdoor work, storage, display or activity areas or that require large interior work or activity
spaces; and
WHEREAS, specialized educational facilities include schools that focus on non-academic,
specialized trade, business or commercial courses; schools that provide instruction on the fine
arts and sports or recreation, such as dance, drama, music, and martial art; short-term,
examination prep schools; and similar; and
WHEREAS, specialized educational facilities may have unusual or extensive indoor or
outdoor space needs, similar to other uses allowed in the Intensive Commercial Zone; and
WHEREAS, there are a number of uses currently allowed in the CI-1 Zone that are similar
in function and space needs to specialized educational facilities, such as Indoor Commercial
Recreational Uses, Community Service Uses, Office Uses, and Daycare Uses; and
WHEREAS, while there are locations within the CI-1 Zone where specialized educational
facilities would be appropriate, there may be some locations within the CI-1 Zone that may not
be suitable for specific specialized educational facilities if surrounding uses produce negative
externalities that pose a health or safety concerns for the clients of the of the educational facility
and therefore these uses should be considered on a case-by-case basis by the Board of
Adjustment;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as
follows:
A. Amending Table 2C-1, Principal Uses Allowed in Commercial Zone, to indicate that
Specialized Educational Facilities are allowed in the CI-1 Zone by special exception; and
B. Adding a new paragraph 11. to subsection 14-46-4D as follows and renumbering the
subsequent paragraphs accordingly:
11. Specialized Educational Facilities in the CI-1 Zone
The use will be functionally compatible with surrounding uses, such that the
health and safety of clients/students are not compromised. The Board will
consider factors such as the types of businesses that predominate in the
immediate vicinity, whether there are any significant negative externalities
created by these uses, such as excessive noise, dust, or vibrations from outdoor
work areas that may pose a health or safety risk to clients/students of the
proposed use; and where such negative externalities exist, whether the
building(s) and site can and will be designed to mitigate the harmful effects.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions
of this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
Ordinance No. 09-4363
Page 2
approval and publication.
Passed and approved this 1st _ day of n~cemb ,- _, 20.2-~
MAY
ATTEST:
CITY ERK
Approved by
City Attorney's Office ~ , / ~ ~ ~~~q
Ordinance No. 09-4363
Page 3
It was moved by Wright and seconded by
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
g Champion
x Correia
x Hayek
x O'Donnell
x Wilburn
x Wright
champion .that the Ordinance
First Consideration 11 / 17 / 2009
Vote for passage: AYES: Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion.
NAYS: None. ABSENT: Correia.
Second Consideration ----------------
Vote for passage:
Date published 12/9/2009
Moved by Wright, seconded by O'Donnell, that the rule requiring ordinances to be considered
and voted on for passage at two Council meetings prior to the. meeting at which it is to be
finally passed be suspended, the second consideration and vote be waived and the ordinance
be voted upon for final passage at this time. AYES: Correia, Hayek, O'Donnell, Wilburn,
Wright, Bailey, Champion. NAYS: None. ABSENT: None.
6d
Iowa City Fencing Center
16 South View Drive, NE
Iowa City, IA 52240-9121
November 23, 2009
City of Iowa City
410 E. Washington Street
Iowa City, IA 52240
To Whom It May Concern:
I would like to ask for an expedited reading of my request to allow
the consideration of special exceptions in CI-1 zones. This expedited
reading is necessary so that it can be fully approved before the
December 9t'' Board of Adjustment meeting which will be
considering my application for a special exception for the Iowa City
Fencing Center.
I have checked with city staff and they have told me that there are
no objections to expediting this process. I understand that I will
need to be present at the meeting on December 1.
Thank you for your consideration.
Sincerely,
Judy O'Donnell
Iowa City Fencing Center
~~~
M~ ~ ~-
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO. 09-4364
AN ORDINANCE AMENDING TITLE 14, ZONING CODE, TO ALLOW FLEXIBILITY IN THE
TYPE OF FENCE SCREENING REQUIRED FOR SALVAGE YARDS.
WHEREAS, salvage yards are uses that require large sites for work areas and outdoor
storage of salvaged materials; and
WHEREAS, due to the negative externalities associated with such uses, they are only
allowed by special exception even in the Heavy Industrial Zone; and
WHEREAS, the current code has very specific fence requirements for salvage yards that do
not provide much leeway for the Board of Adjustment to take particular site conditions or
locations into account when imposing fence requirements; and
WHEREAS, there may be instances where it is not deemed necessary to require a solid
fence, including areas that are not visible to the public or surrounding properties or where
adjacent properties are unlikely to ever be developed; and
WHEREAS, in such cases where the public or neighboring properties will not be harmed,
the Board of Adjustment should be granted the flexibility to weigh individual cases on their
merits and impose an alternative fencing requirement when appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as
follows:
Deleting paragraph 14-4B-4C-5, and substituting in lieu thereof:
5. Salvage Operations
a. The proposed use must be located at least 1,000 feet from any residentially
zoned property.
b. All outdoor storage and work areas must be completely enclosed by a fence
built to at least the S5 standard such that outdoor storage or salvage operations
are not visible from adjacent properties, streets, or highways (See Article 14-5F,
Screening and Buffering Standards). Salvage materials may not be piled
against the fence or piled higher than the height of the fence. In areas that are
not visible from streets, other public rights-of-way, or the Iowa River, and where
nearby uses will not be harmed, the Board of Adjustment may approve asemi-
opaque or open pattern fence in certain situations as described below:
(1) where the view is or will be blocked by a significant change in grade or by
natural or human-made features, such that the screening is effectively
provided or the intent of the standard is met; or
(2) where the adjacent property is unlikely to be developed, is not visible to the
public, and is unlikely to be harmed by an alternative fencing requirement;
or
(3) where the adjacent property is zoned Industrial and the area on the
adjacent property that abuts the fence is or is likely to be an outdoor work
or storage area rather than a part of the property that would be highly
visible to the public or to customers or clients of adjacent businesses.
c. For fire protection, a 15-foot wide, unobstructed firebreak, which completely
surrounds the use, must be established and maintained.
Ordinance No. 09-4364
Page 2
d. The storage of rags, paper and similar combustible waste may not be stored
closer than 100 feet from any property line unless enclosed in a masonry
building of not less than 4-hour, fire-resistive construction.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions
of this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication.
Passed and approved this 1 day of necemb r , 20~_.
Approved by
` ~~ J Z 3-U 7
City Attorney's Office
Ordinance No. 09-4364
Page 2
It was moved by Wilburn and seconded by Hayek that the Ordinance
as read be adopted, and upon roll calf there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
g Correia
x Hayek
x O'Donnell
g Wilburn
x Wright
First Consideration 11 / 17 / 2009
VOteforpaSSage: AYES: Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion.
NAYS: None. ABSENT: Correia.
Second Consideration ---°----°---°
Vote for passage:
Date published 12/9/2009
Moved by Wilburn, seconded by Champion, that the rule requiring ordinances to be considered
and voted on for passage at two Council meetings prior to the. meeting at which it is to be
finally passed be suspended, the second consideration and vote be waived and the ordinance
be voted upon for final passage at this time. AYES: O'Donnell, Wilburn, Wright, Bailey,
Champion, Correia, Hayel~. NAYS: None. ABSENT: None.
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14, ZONING CODE, TO ALLOW FLEXIBILITY IN THE
TYPE OF FENCE SCREENING REQUIRED FOR SALVAGE YARDS.
WHEREAS, salvage yards are uses that require large sites for work areas and outdoor
storage of salvaged materials; and
WHEREAS, due to the negative externalities associated with such uses, they are only
allowed by special exception even in the Heavy Industrial Zone; and
WHEREAS, the current code has very specific fence requirements for salvage yards that do
not provide much leeway for the Board of Adjustment to take particular site conditions or
locations into account when imposing fence requirements; and
WHEREAS, there may be instances where it is not deemed necessary to require a solid
fence, includi ~cc areas that are not visible to the public or surrounding properties or where
adjacent properties .are unlikely to ever be developed; and
WHEREAS, in such cases where the public or neigh oring properties will not be harmed,
the Board of Adjus ent should be granted the flexibili to weigh individual cases on their
merits and impose an ternative fencing requirement wh n appropriate.
NOW, THEREFORE, ~.IT ORDAINED BY THE CI Y COUNCIL OF THE CITY OF IOWA
CITY, IOWA: `\_
SECTION I. The Code of`.Ordinances of the City
follows:
Deleting paragraph 14-46'=~C=1, and substitute
5. Salvage Operations
a. The proposed use must be`y\
zoned property.
b. All outdoor storage and work
built to at least the S5 stands
are not visible from adjacent
Screening and Buffering St
against the fence or piled g
Iowa City, Iowa is hereby amended as
in lieu thereof: .,.~;
ocated~t least 1,000 feet from any residentially
a as must be completely enclosed by a fence `~~
r s ch that outdoor storage or salvage operations
rop ies, streets, or highways (See Article 14-5F,
dards) Salvage materials may not be piled
her than the height of the fence. In areas that are
not visible from streets, o er public ri is-of-way, or the Iowa River, and where
nearby uses will not be armed, the Bo rd of Adjustment may approve asemi-
opaque or open patter fence in certain ituations as described below:
(1) where the vie is or will be blocked ~
natural or hu an-made features, suc
provided or ~{ie intent of the standard
a significant change in grade or by
that the screening is effectively
~ met; or
(2) where the djacent property is unlikely t be developed, is not visible to the
public, a is unlikely to be harmed by a alternative fencing requirement;
or
(3) where he adjacent property is zoned Indu trial and the area on the
adja nt property that abuts the fence is or 's likely to be an outdoor work
ors rage area rather than a part of the pro erty that would be highly
vis' le to the public or to customers or clients of adjacent businesses.
c. For fire protection, a 15-foot wide, unobstructed firebreak, which completely
surrounds the use, must be established and maintained.
Ordinance No.
Page 2
d. The storage of rags, paper and similar combustible waste may not be stored
closer than 100 feet from any property line unless enclosed in a masonry
building of not less than 4-hour, fire-resistive construction.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions
of this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication sh~rCl not affect the validity of the
Ordinance as a whole or any s ction, provision or part t~(ereof not adjudged invalid or
unconstitutional. r
SECTION IV. EFFECTIVE DATE. This Ordinance shalf~be in effect after its final passage,
approval and publication. ~'
Passed and approved this day of ~, 20
MAYOR /' Approved by
ATTEST:
CITY CLERK
City Attorney's Office
;~
-~,
'~ .a
~ FJ..~
M I~,
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO. na-~~ti5
AN ORDINANCE AMENDING TITLE 14, ZONING CODE, TO CORRECT LANGUAGE IN THE
CODE TO ALLOW WHEELCHAIR RAMPS AND STOOPS TO EXTEND INTO REQUIRED
SETBACK AREAS FOR ALL TYPES OF BUILDINGS.
WHEREAS, the zoning code currently allows stoops and wheel chair ramps that function as
a means of access to the ground or first floor of a dwelling unit to extend a certain distance into
the required setback areas; and
WHEREAS, since other types of buildings besides dwelling units should be allowed the
same consideration with regard to extensions into required setback areas and since there is no
reason to make a distinction between different types of buildings with regard to the setback of a
stoop or wheelchair ramp.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as
follows:
Deleting subparagraphs 14-2A-46-4e., 14-26-46-4e., 14-2C-4B-4e., 14-2D-4B-4d., and
14-2E-46-4e., and substituting in lieu thereof:
Stoops and wheelchair ramps that function as a means of access to the ground or
first floor of a building may extend into the rear setback, up to 8 feet into the required
front setback, and into the side setback, provided they are setback at least 3 feet
from any side lot line. In cases where due to topography or other site characteristics,
a wheelchair ramp cannot meet this standard, a Minor Modification may be
requested according to the approval criteria and procedures for Minor Modifications
contained in Chapter 4, Article B of this Title.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions
of this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication.
Pasted and approved this 1st day of December , 20 09
MA~GO / Approved by
ATTEST: ~ ~~.~~~~~ /~ w ~L~ ~~t-~-e,.,
CITY RK City Attorney's Office i- It ~ ~ `' ~
L_ -~°
Ordinance No. 09-4365
Page 2
It was moved by Wright and seconded by Wilburn that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
~_ Bailey
x Champion
x Correia
x Hayek
X O'Donnell
x Wilburn
g Wright
First Consideration 11 / 17 / 2009
Vote for passage: AYES: O'Donnell, Wilburn, Wright, Bailey, Champion, Hayek.
NAYS: None. ABSENT: Correia.
Second Consideration ------------------
Vote for passage:
Date published 12 / 9 / 2009
Moved by Wright, seconded by O'Donnell, that the rule requiring ordinances to be considered
and voted on for passage at two Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and vote be waived and the ordinance
be voted upon for final passage at this time. AYES: Wright, Bailey, Champion, Correia,
Hayek, O'Donnell, Wilburn. NAYS: None. ABSENT: None.
M-~ ~ ~t
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO. 09-4~~h
AN ORDINANCE AMENDING TITLE 14, ZONING CODE, TO CLARIFY STANDARDS THAT
APPLY TO DUPLEXES AND SINGLE-FAMILY ATTACHED DWELLINGS IN PLANNED
DEVELOPMENT OVERLAY(OPD) ZONES.
WHEREAS, in Planned Developments, the zoning code allows variation from the underlying
base zone standards with regard to the uses allowed; and
WHEREAS, there are minimum standards specified for the various uses allowed in planned
developments; and
WHEREAS, currently Two Family Uses (commonly known as duplexes) are required to
meet the same standards as multi-family uses; and
WHEREAS, the standards for Multi-Family Uses are impractical for Two Family Uses,
making it difficult for developers to comply with the code and city staff to administer the code in
this regard; and
WHEREAS, separate standards should be specified for Two Family Uses and should be
similar to those standards applied to Attached Single Family Uses, which are similar in form and
function to Two Family Uses; and
WHEREAS, Two Family and Attached Single Family Uses are only allowed on corner lots in
the Low Density and Medium Density Single Family Zones (RS-5 and RS-8), and therefore it is
necessary to clarify whether Two Family Uses and Attached Single Family Uses are allowed on
lots other than corner lots in Planned Developments and under what conditions such a variation
from the underlying zoning would be allowed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as
follows:
Deleting subparagraphs 14-3A-4C-1 a. and 14-3A-4C-1 b., and substituting in lieu thereof:
a. Single Family and Two Family Uses
(1) Unless modified as allowed in sub-subparagraph (3), below, Attached and
Detached Zero Lot Line Dwellings must comply with the Specific Approval
Criteria for Attached and Detached Zero Lot Line Dwellings in the RS-12
Zone as set forth in Article 14-4B, Minor Modifications, Variances, Special
Exceptions, and Provisional Uses. Townhouse-style condominiums must
also meet these approval criteria. In addition, the following provisions
apply:
(a) Main entrances to dwelling units must be clearly demarcated by one
of the following means: covered porch or canopy; transom and
sidelight windows; pilasters and pediment; or other significant
architectural treatment that emphasizes main entrances. Simple trim
around the doorway does not meet this standard.
(b) If multiple townhouse-style condominium buildings are located on a
common lot, the buildings must be separated by a distance of at least
20 feet.
(c) If the underlying base zone is RS-5 or RS-8, the requirement that
Attached Single Family Dwellings are only allowed on corner lots with
each main entrance oriented toward a different street applies in all
planned developments in order to encourage a mix of residential
uses. If multiple two-unit buildings will be located on a common lot,
Ordinance No. 09-4366
Page 2
imaginary lot lines must be illustrated on the plan for purposes of
determining where the corner units would be located according to
base zone standards. This corner lot standard may only be waived if
convincing evidence is submitted that the configuration of the
property or other existing physical condition of the lot makes the
application of this standard impractical. If this standard is waived the
units must be designed and located in a manner that prevents
monotony by varying aspects such as facade detailing, window
pattern, building materials, and color.
(2) Two Family Uses must comply with the standards for Two-Family Uses as
set forth in Article 14-4B, Minor Modifications, Variances, Special
Exceptions, and Provisional Uses. In addition, the following provisions will
apply:
(a) Main entrances to dwelling units must be clearly demarcated by one
of the following means: covered porch or canopy; transom and
sidelight windows; pilasters and pediment; or other significant
architectural treatment that emphasizes main entrances. Simple trim
around the doorway does not meet this standard.
(b) If multiple Two-Family buildings are located on a common lot, the
buildings must be separated by a distance of at least 20 feet.
(c) If the underlying base zone is RS-5 or RS-8, the requirement that
Two Family Uses are only allowed on corner lots with each main
entrance oriented toward a different street applies in all planned
developments in order to encourage a mix of residential uses. If
multiple two-unit buildings will be located on a common lot, imaginary
lot lines must be illustrated on the plan for purposes of determining
where the corner units would be located according to base zone
standards. This corner lot standard may only be waived if convincing
evidence is submitted that the configuration of the property or other
existing physical condition of the lot makes the application of this
standard impractical. If this standard is waived the units must be
designed and located in a manner that prevents monotony by varying
aspects such as facade detailing, window pattern, building materials,
and color.
(d) Garages and off-street parking areas must be located and designed
so that they do not dominate the streetscape according to the
standards specified in sub-subparagraph 14-3A-4K-1 c(2).
(3) Minimum lot area, lot width, lot frontage, and setbacks required in the
underlying base zone may be reduced in order to provide the opportunity
for a variety of Single Family and Two Family dwelling types. However, any
such modification to the underlying zoning requirements must be noted on
the plan and the development must comply with the standards listed in
subsection E of this section, Zoning Requirements.
b. Multi-Family and Group Living Uses
If Multi-Family or Group Living Uses are proposed, they must comply with the
Multi-Family Site Development Standards set forth in Article 14-26, Multi-Family
Residential Zones. When located adjacent to single family and duplex structures,
multi-family buildings should be of a scale, massing and architectural style that is
Ordinance No. 09-4366
Page 3
compatible with adjacent lower density residential development.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions
of this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication.
Passed and approved this 1st day of December , 20 09
c
MAY Approved by
ATTEST: r~~nA 7~~~a.r ,t~ u{~ ~~~
CI Y RK City Attorney's Office o ~ ~~`, ~~,~~
Ordinance No. 09-4366
Page 4
It was moved by Wilburn and seconded by Wright that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x Correia
g Hayek
x O'Donnell
_~ Wilburn
g Wright
First Consideration 11 / 17 / 2009
Vote for passage: AYES: Wilburn, Wright, Bailey, Champion, Hayek., O'Donnell.
NAYS: None. ABSENT: Correia.
Second Consideration --------------
Vote for passage:
Date published 12 / 9 / 2009
Moved by Wilburn, seconded by Champion, that the rule requiring ordinances to be considered
and voted on for passage at two Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and vote be waived and the ordinance
be voted upon for final passage at this time. AYES: Champion, Correia, Hayek, O'Donnell,
Wilburn, Wright, Bailey. NAYS: None. ABSENT: None.
i
N~~ ~' ~,
Prepared by: Sarah Holecek, First Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 09-436
AN ORDINANCE AMENDING ARTICLE 14-76-7, "DEVELOPMENT FEES", TO SPECIFY THAT THE
AMOUNT OF THE NEAR SOUTHSIDE NEIGHBORHOOD PARKING FACILITY DISTRICT IMPACT FEE
SHALL BE ADJUSTED ANNUALLY BASED ON THE NATIONAL HISTORICAL COST INDEXES
CONTAINED IN THE MOST RECENT EDITION OF THE ENGINEERING NEWS RECORD RATHER
THAN THE MEANS SQUARE FOOT COSTS MANUAL AND TO HOLD ANY NEGATIVE CHANGES TO
THE COST INDEX OF THE PRECEDING YEAR
WHEREAS, Section 14-76-7F of the Iowa City Code specifies that the most recent edition of Means
Square Foot Costs Manual, as amended, shall be used to estimate the adjusted annual parking facility
impact fee; and
WHEREAS, the Means Square Foot Costs Manual is not a reference that is acquired annually by the
City of Iowa City; and
WHEREAS, the Engineering News Record is an accepted reference tool, used by Iowa City's Public
Works Department as a method to accurately estimate construction costs; and
WHEREAS, the Engineering News Record is readily available and provides construction estimates
and building estimates on-line; and
WHEREAS, it is in the public interest to use a readily available reference tool to calculate and adjust
estimates of parking facility capital improvement costs and to explicitly establish a minimum costs index.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION 1. AMENDMENT.
I. Title 14, entitled "Zoning Code" Chapter 7, entitled "Administration," Article B, entitled "Development
Fees", Section 7, entitled "Computation of Fee Amount," Subsection F, entitled "Adjustment" is hereby
amended by:
a) repealing 14-76-7F in its entirely and replacing said subsection with the following:
"To ensure accurate estimates of current parking facility capital improvement costs, the amount of the
parking facility impact fee required by this Article shall be adjusted annually based on the national
historical cost indexes contained in the most recent edition of Engineering News Record, as amended. In
the event the national historical cost index is negative in any edition, the fee shall remain at the amount
previously set under this subsection and shall not be adjusted downward."
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
nd approve~this~ day of December , 2009.
ATTE'S'T: / tiv
CIT LERK
-'-7
Appro d ~y: ~ -~ :%r~_
Ci Attorney's Offi - J/ /a_~
atUlega ah/ordINSS parking fee ord amend909.doc
Ordinance No. 09-4367
Page 2
It was moved by Wright and seconded by O'Donnell
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x Correia
x Hayek
x O'Donnell
x Wilburn
x Wright
that the Ordinance
First Consideration 11 / 17 /2009
Vote forpaSSage:AYES: Wright, Bailey, Champion, Hayek, O'Donnell, Wilburn.
NAYS: None. ABSENT: Correia.
Second Consideration ---
Vote for passage:
Date published 12/9/2009
Moved by Wright, seconded by O'Donnell, that the rule requiring ordinances to be considered
and voted on for passage at two Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and vote be waived and the ordinance
be voted upon for final passage at this time. AYES: Hayek, O'Donnell, Wilburn, Wright,
Bailey, Champion, Correia. NAYS: None. ABSENT: None.
7
Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 8, POLICE REGULATIONS, CHAPTER 6, PERSONS UNDER
EIGHTEEN YEARS OF AGE, TO ADD A NEW SECTION 2, JUVENILE CURFEW TO ADD A NEW
JUVENILE CURFEW ORDINANCE.
WHEREAS, the City has determined that there has been an increase in juvenile violence, juvenile
gang activity, and crime by persons under the age of eighteen (18) resulting in juveniles being involved in
a wide range of unacceptable behavior including vandalism, breach of the peace, assaults, and
intimidation of residents;
WHEREAS, persons under the age of eighteen (18) are particularly susceptible by their lack of
maturity and experience to participate in unlawful and gang-related activities and to be victims of older
perpetrators of crime; and
WHEREAS, the City has found that there has been a significant breakdown in the supervision and
guidance normally provided by parents and guardians for juveniles resulting in an increase in the crimes
and other unacceptable behavior cited above; and
WHEREAS, the City has an interest in providing for the protection of minors from each other and from
other persons, for the enforcement of parental control over and responsibility for children, for the
protection of the general public, and for the reduction of the incidence of juvenile criminal activities; and
WHEREAS, the offensive activities of juveniles are not easily controlled by existing laws and
ordinances; and
WHEREAS, a curfew for those under the age of eighteen (18) will be in the interest of the public
health, safety, and general welfare and will help to attain the foregoing objectives and to diminish the
undesirable impact of such conduct on the citizens of Iowa City and will promote the public good, safety
and welfare; and
WHEREAS, parental responsibility for the whereabouts of children is the accepted norm and legal
sanctions to enforce such responsibility have had demonstrated effectiveness in many cities, the City has
determined that a curfew ordinance will increase the responsibility of parents and guardians for juveniles
within their control and decrease juvenile delinquency; and
WHEREAS, the City wishes to ensure that children out in public for legitimate reasons, including the
exercise of certain fundamental rights, will not be subjected to a penalty; and
WHEREAS, it is in the best interest of the City to adopt this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
8-6-2: JUVENILE CURFEW:
A. Definitions. For use in this section, the following terms are defined:
1. "Emergency errand" means, but is not limited to, an errand relating to a fire, a natural disaster, an
automobile accident or any other situation requiring immediate action to prevent serious illness,
bodily injury or loss of life.
2. "Knowingly" means knowledge which a responsible adult should reasonably be expected to have
concerning the whereabouts of a minor in that responsible adult's custody. This is an objective
standard. It shall, therefore, be no defense that an adult responsible for a minor was completely
indifferent to the activities or conduct or whereabouts of the minor.
3. "Minor" means any unemancipated person under the age of eighteen (18) years.
4. "Nonsecured custody" means custody in an unlocked multipurpose area, such as a lobby, office
or interrogation room which is not designed, set aside or used as a secure detention area, and
the person arrested is not physically secured during the period of custody in the area; the person
is physically accompanied by a peace officer or a person employed by the facility where the
person arrested is being held; and the use of the area is limited to providing nonsecured custody
only while awaiting transfer to an appropriate juvenile facility or to court, for contacting of and
release to the person's parents or other responsible adult or for other administrative purposes;
but not for longer than six (6) hours without the oral or written order of a judge or magistrate
authorizing the detention.
5. "Public place" includes stores, parking lots, parks, playgrounds, streets, alleys and sidewalks
dedicated to public use; and also includes such parts of buildings and other premises whether
publicly or privately owned which are used by the general public or to which the general public is
invited commercially for a fee or otherwise; or in or on which the general public is permitted
without specific invitation; or to which the general public has access. For purposes of this
section, a vehicle or other conveyance is considered to be a public place when in the areas
defined above.
6. "Responsible adult" means a parent, guardian or other adult specifically authorized by law or
authorized by a parent or guardian to have custody or control of a minor.
7. "Unemancipated" means unmarried and/or still under the custody or control of a responsible
adult. "Emancipated" is as defined in Iowa Code Section 252.16(4), as amended.
B. Curfew Established. A curfew applicable to minors is established and shall be enforced as follows:
1. Unless accompanied by a responsible adult, no minor thirteen (13) years of age or younger shall
be in any public place between the hours of 10:00 p.m. and 5:00 a.m.
2. Unless accompanied by a responsible adult, no minor fourteen (14) years of age through fifteen
(15) years of age shall be in any public place between the hours of 11:00 p.m. and 5:00 a.m.
3. Unless accompanied by a responsible adult, no minor sixteen (16) years of age through
seventeen (17) years of age shall be in any public place between the hours of 12:00 a.m.
(midnight) to 5:00 a.m.
C. Exceptions. The following are exceptions to the curfew:
1. The minor is accompanied by a responsible adult.
2. The minor is on the sidewalk or property where the minor resides or on either side of the place
where the minor resides and the adult responsible for the minor has given permission for the
minor to be there.
3. The minor is present at or is traveling between home and one of the following:
a. Minor's place of employment in a business, trade or occupation in which the minor is
permitted by law to be engaged or, if traveling, within one hour before or one hour after
the work shift;
b. Minor's place of religious activity or, if traveling, within one hour before or one hour after
the religious activity;
c. Governmental or political activity or, if traveling, within one hour before or one hour after
the activity;
d. School activity or, if traveling, within one hour before or one hour after the activity;
e. Assembly such as a march, protest, demonstration, sit-in or meeting of an association for
the advancement of economic, political, religious or cultural matters, or for any other
activity protected by the First Amendment of the U.S. Constitution guarantees of free
exercise of religion, freedom of speech, freedom of assembly or, if traveling, within one
hour before or one hour after the activity.
4. The minor is on an emergency errand for a responsible adult;
5. The minor is engaged in interstate travel through the City beginning, ending or passing through
the City when such travel is by direct route.
6. The minor's business, trade or occupation, in which the minor is permitted by law to be engaged,
requires the presence of the minor in the public place.
D. Parental Responsibility. It shall be unlawful for a parent or guardian having legal custody of a minor
knowingly to permit or by ineffective control to allow the minor to be in violation of this Section. This
requirement is intended to hold a neglectful or careless parent or guardian up to a reasonable community
standard of parental responsibility through an objective test. It shall, therefore, be no defense that a
parent or guardian was completely indifferent to the activities or conduct or whereabouts of such minor.
E. Enforcement Procedures.
1. Determination of Age. In determining the age of the juvenile and in the absence of convincing
evidence such as a birth certificate or driver's license, a peace officer on the street shall, in the
first instance, use his or her best judgment in determining age.
2. Grounds for Taking into Custody; Conditions of Custody. Grounds for taking a minor into custody
for a curfew violation are that the person refuses to sign the citation without qualification; persists
in violating the ordinance; refuses to provide proper identification or to identify himself or herself;
or constitutes an immediate threat to the person's own safety or to the safety of the public. A law
enforcement officer who takes a minor into custody for a curfew violation may keep the minor in
custody either in a shelter care facility or in any non-secured setting. The officer shall not place
bodily restraints, such as handcuffs, on the minor unless the minor physically resists or threatens
physical violence when being taken into, or while in, custody, or presents a risk of injury to the
minor or others. A minor shall not be placed in detention for a curfew violation.
3. Notification of Responsible Adult. After a minor is taken into custody, the law enforcement officer
shall notify the adult responsible for the minor as soon as possible. The minor shall be released
to the adult responsible for the minor upon the promise of such person to produce the child in
court at such time as the court may direct.
4. Minor Without Adult Supervision. If a peace officer determines that a minor does not have adult
supervision because the peace officer cannot locate the minor's parent, guardian or other person
legally responsible for the care of the minor, within a reasonable time, the peace officer shall
attempt to place the minor with an adult relative of the minor, an adult person who cares for the
child or another adult person who is known to the child. In the event no such person can be
promptly located, the peace officer shall place the minor in shelter as specified in Iowa Code
Section 232.20 and 23221.
F. A violation of this section shall be a simple misdemeanor punishable by a fine not in excess of fifty
dollars ($50.00).
G. Annual City Council Review. The City Council shall be provided with and review enforcement
data, including demographic, frequency and location data, associated with all citations issued under
this ordinance on an annual basis.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of
this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutiona-.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication
Passed and approved this day of , 2009.
MAYOR
ATTEST:
,,_., CITY L RK
~prov _
City Att ey O ce ~~.
_ _--'.-- 1Z- Z-~ 7
Ordinance No.
Page
It was moved by and seconded by
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
First Consideration 9 / 15 / 2009
Vote for passage: AYES: O'Donnell, Wright,
Wilburn. ABSENT: None.
Second Consideration 12 / 1 / 2009
Vote for passage: AYES: Wright, Champion,
Wilburn. ABSENT: None.
Date published
that the Ordinance
Champion, Hayek. NAYS: Correia, Bailey
Hayek, O'Donnell. NAYS: Bailey,Correia,
~~ p
Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 8, POLICE REGULATIONS, CHAPTER 6, PERSONS UNDER
EIGHTEEN YEARS OF AGE, TO ADD A NEW SECTION 2, JUVENILE CURFEW TO ADD A NEW
JUVENILE CURFEW ORDINANCE.
WHEREAS, the City has etermined that there has been an increase in juvenile violence, juvenile
gang activity, and crime by pers ns under the age of eighteen (18) resulting in juveniles being involved in
a wide range of unacceptable behavior including vandalism, breach of the peace, assaults, and
intimidation of residents;
WHEREAS, persons under th age of eighteen (18) are particularly susceptible b their lack of
maturity and experience to participa in unlawful and gang-related activities and to be ictims of older
perpetrators of crime; and
WHEREAS, the City has found th there has been a significant breakdown in a supervision and
guidance normally provided by parents d guardians for juveniles resulting in an i rease in the crimes
and other unacceptable behavior cited ab ve; and
WHEREAS, the City has an interest in roviding for the protection of minors f m each other and from
other persons, for the enforcement of p ental control over and responsi ility for children, for the
protection of the general public, and for the r uction of the incidence of juve a criminal activities; and
WHEREAS, the offensive activities of j veniles are not easily co rolled by existing laws and
ordinances; and
WHEREAS, a curfew for those under the a of eighteen (18) ~ I be in the interest of the public
health, safety, and general welfare and will help to attain the fore ing objectives and to diminish the
undesirable impact of such conduct on the citizen of Iowa City a will promote the public good, safety
and welfare; and
WHEREAS, parental responsibility for the whey abouts o children is the accepted norm and legal
sanctions to enforce such responsibility have had de nstra d effectiveness in many cities, the City has
determined that a curfew ordinance will increase the r po sibility of parents and guardians for juveniles
within their control and decrease juvenile delinquency; a
WHEREAS, the City wishes to ensure that childre o t in public for legitimate reasons, including the
exercise of certain fundamental rights, will not be sub' cte to a penalty; and
WHEREAS, it is in the best interest of the City t adopt is ordinance.
NOW, THEREFORE, BE IT ORDAINED BY HE CI COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
8-6-2: JUVENILE CURFEW:
A. Definitions. For use in this sectioy(, the following terms are defi
1. "Emergency errand" mean~but is not limited to, an errand rel ing to a fire, a natural disaster, an
automobile accident or ary~i other situation requiring immediate ction to prevent serious illness,
bodily injury or loss of lif .
2. "Knowingly" means k~owledge which a responsible adult should re sonably be expected to have
concerning the whe eabouts of a minor in that responsible adult's c tody. This is an objective
standard. It shall, herefore, be no defense that an adult responsible or a minor was completely
indifferent to the, ctivities or conduct or whereabouts of the minor.
3. "Minor" mean~any unemancipated person under the age of eighteen (1$~ years.
4. "Nonsecured custody" means custody in an unlocked multipurpose area, s~ch as a lobby, office
or interrogation room which is not designed, set aside or used as a secure tention area, and
the person arrested is not physically secured during the period of custody in the area; the person
is physically accompanied by a peace officer or a person employed by the facility where the
person arrested is being held; and the use of the area is limited to providing nonsecured custody
only while awaiting transfer to an appropriate juvenile facility or to court, for contacting of and
release to the person's parents or other responsible adult or for other administrative purposes;
but not for longer than six (6) hours without the oral or written order of a judge or magistrate
authorizing the detention.
"Public place" includes stores, parking lots, parks, playgrounds, streets, alleys and sidewalks
dedicated to public use; and also includes such parts of buildings and other premises whether
publicly or privately owned which are used by the general public or to which the general public is
invited commercially for a fee or otherwise; or in or on which the general public is permitted
without specific invitation; or to which the general public has access. For purposes of this
section, a vehicle or other conveyance is considered to be a public place when in the areas
defined above.
6. "Responsible adult" means a parent, guardian or other adult specifically authorized by law or
authorized by a parent or guardia to have custody or control of a; minor.
7. "Unemancipated" means unmarried d/or still under the custod or control of a responsible
adult. "Emancipated" is as defined in wa Code Section 252.1 (4), as amended.
B. Curfew Established. A curfew applicable td minors is established and shall be enforced as follows:
1. Unless accompanied by a responsible ad~lt, no minor thi een (13) years of age or younger shall
be in any public place between the hours o 10:00 p.m. nd 5:00 a.m.
2. Unless accompanied by a responsible adult,~io mingf fourteen (14) years of age through fifteen
(15) years of age shall be in any public place etw n the hours of 11:00 p.m. and 5:00 a.m.
3. Unless accompanied by a responsible adult, n inor sixteen (16) years of age through
seventeen (17) years of age shall be in any p 'c place between the hours of 12:00 a.m.
(midnight) to 5:00 a.m.
C. Exceptions. The following are exceptions to he curt
1. The minor is accompanied by a respo ible adult.
2. The minor is on the sidewalk or pro erty where the mi or resides or on either side of the place
where the minor resides and the a ult responsible fort a minor has given permission for the
minor to be there.
3. The minor is present at or is t~veling between home and~ne of the following:
a. Minor's place of a loyment in a business, trade o occupation in which the minor is
permitted by law t be engaged or, if traveling, withi one hour before or one hour after
the work shift;
b. Minor's place f religious activity or, if traveling, within ne hour before or one hour after
the religious ctivity;
c. Governme al or political activity or, if traveling, within on hour before or one hour after
the activi ;
d. School ctivity or, if traveling, within one hour before or one our after the activity;
e. Asse ly such as a march, protest, demonstration, sit-in or meeting of an association for
the a vancement of economic, political, religious or cultural matters, or for any other
activ ty protected by the First Amendment of the U.S. Constitution guarantees of free
exe cise of religion, freedom of speech, freedom of assembly or, if traveling, within one
hour before or one hour after the activity.
4. The minor is on an emergency errand for a responsible adult;
5. The minor is engaged in interstate travel through the City beginning, ending or passing through
the City when such travel is by direct route.
6. The minor's business, trade or occupation, in which the minor is permitted by law to be engaged,
requires the presence of the minor in the public place.
D. Parental Responsibility. It shall be unlawful for a parent or guardian having legal custody of a minor
knowingly to permit or by ineffective control to allow the minor to be in violation of this Section. This
requirement is intended to hold a neglectful or careless parent or guardian up to a reasonable community
standard of parental responsibility through an objective test. It shall, therefore, be no defense that a
parent or guardian was completely indifferent to the activities or conduct or whereabouts of such minor.
E. Enforcement Procedures.
1. Determination of Age. In determining the age of a juvenile and in the absence of onvincing
evidence such as a birth certificate or driver's lic nse, a peace officer on the stre shall, in the
first instance, use his or her best judgment in de ermining age.
Grounds for Taking into Custody; Conditions of ustody. Grounds for taki a minor into custody
for a curfew violation are that the person refuse to sign the citation witho t qualification; persists
in violating the ordinance; refuses to provide pro er identification or to i entity himself or herself;
or constitutes an immediate threat to the person' own safety or to th safety of the public. A law
enforcement officer who takes a minor into Gusto y for a curfew vio tion may keep the minor in
custody either in a shelter care facility or in any n n-secured setti g. The officer shall not place
bodily restraints, such as handcuffs, on the mino unless the mi or physically resists or threatens
physical violence when being taken into, or while n, custody, r presents a risk of injury to the
minor or others. A minor shall not be placed in d tention fo a curfew violation.
3. Notification of Responsible Adult. After a minor is aken nto custody, the law enforcement officer
shall notify the adult responsible for the minor as s o s possible. The minor shall be released
to the adult responsible for the minor upon the pro a of such person to produce the child in
court at such time as the court may direct.
4. Minor Without Adult Supervision. If a peace off er d
supervision because the peace officer canno ocate
legally responsible for the care of the minor ithin a
attempt to place the minor with an adult re tive of th
child or another adult person who is kno n to the ch
promptly located, the peace officer sh place the m
Section 232.20 and 232.21.
ermines that a minor does not have adult
e minor's parent, guardian or other person
~asonable time, the peace officer shall
minor, an adult person who cares for the
In the event no such person can be
~r in shelter as specified in Iowa Code
F. A violation of this section shall be a si ple misdemeanor p nishable by a fine not in excess of fifty
dollars ($50.00).
SECTION II. REPEALER. All or ' ances and parts of ordina ces in conflict with the provision of
this Ordinance are hereby repea d.
SECTION III. SEVERABILITY. f any section, provision or part of he Ordinance shall be adjudged to be
invalid or unconstitutional, such a judication shall not affect the validi of the Ordinance as a whole or any
section, provision or part thereof of adjudged invalid or unconstitution I.
This Ordinance shall be effective upon publication.
Passed and approved tha's day of
MAYOR
ATTEST:
CITY CLERK
p oved
C
City Attori
J
Grant Wood Elementary School
1930 Lakeside Drive
Iowa City, IA 52240
Council Members
410 East Washington Street
Iowa City, IA 52240
November 17, 2009
Dear City Council Members,
My name is Gray Glenn and I am a sixth grade teacher at Grant Wood Elementary
School. My sixth graders and I have been following the City Council discussions, and
various newspaper articles both print and online, concerning the proposed addition to the
juvenile curfew ordinance. Enclosed please find letters to the Council Members regarding
my students' positions on the ordinance.
One of the writing assignments in sixth grade is to create a persuasive argument. 'The
class downloaded the proposed ordinance, read and reread it, and even called the Iowa
City Attorney's Office for clarification. Although my students asked me for my opinion
on numerous occasions, I declined to offer my opinion, opting to help guide them in
creating a valid argument either for or against the proposed ordinance.
Although my students know that they are not old enough to vote in Council elections they
do know that they have a voice in this matter, especially since it directly affects them.
My class and I look forward to watching the Council discuss this ordinance and then
participate in a discussion one an outcome is reached.
Thank you for your time.
Sincerely,
,f
~~.. ~"
Gary E. Glenn
6~' Grade Teacher
17 Encl.
°-~_°
',,~, ,
-~
Grant Wood Elementary School
1930 Lakeside Drive
Iowa City, IA 52240
Council Members
410 E Washington Street
Iowa City, Iowa 52240
November 17,2009
Dear City Iowa City Councilors,
My name is Xavier Balderas. I'm a sixth grader at Grant Wood Elementary.
I'm in favor of having a curfew in Iowa City for the following reasons.
The first issue is about juvenile violence, such as gang activity and crime by
persons under the age of 18 resulting in them going to court. They are going to
the juvenile detention center because of unacceptable behavior and making
adults angry. Minors under 18 are not responsible of their maturity and
experience of legal gang-related activities and crimes of older adults and to need
adult's supervision.
The second issue is parent's responsibilities. Because parents do not always
know where their kids are for example, sometimes kids dori t tell their parents
where they are their going. If they are an curfew ordinance. The parents can use
it as leverage to make sure their kids come home on time.
The last issue is about kids health and welfare because kids need at least 8 hours
of sleep an order to do activities and do school work if they have some. The
second one is about Physical injury is another issue because some kids are in
gangs and we had some report in our city that gangs are in being in fights and
resulting physical injury to other person that is being jumped or suffer physical
injury.
For these reason I'm in favor for the curfew. The first reason is a safety issue. The
second is responsibility of the individuals. The last issue is due to health issues.
_,,..,
Grant Wood Elementary School
1930 Lakeside Drive
Iowa City, IA 52240
Council Members
410 East Washington Street
Iowa City, IA 52240
Dear City of Iowa City Council Members,
My name is Darenae Banks I attend Grant Wood Elementary School. I
agree that we should have the curfew. I believe it will help safety,
health and education.
For safety ,more teens will be at home instead of out making trouble.
Also, kids will not come up missing as usual. It will also stop teens
from being active in gangs.
Health will also be better because less kids will be able to get their
hands on illegal weapons. This also means less shooting and killing. It
will also keep kids from fighting to be part of gangs that means less
injuries
Teen education will be better since teens will get more sleep ,and they
won't fall asleep in class keeping them concentrate better.
These are the reasons why I am for the curfew:safety, health, and
education.
Grant Wood Elementary School
1930 Lakeside Drive
Iowa City, IA 52240
Council Members
410 E Washington Street
Iowa City, IA 52240
November 17, 2009
Dear City of Iowa City Councilors,
My name is Griffin Benge. I'm a 6t'' grader at Grant Wood Elementary
School. I am in favor of having a curfew in Iowa City. I support the
curfew for the following reasons: Safety, crime, and bullying issues.
First, is the safety issue. Kids wont get kidnapped as often. A lot of
kids get kidnapped every year, like the girl that was missing for 18
years. That will lower the chance of kids going missing. When kids
play in the street with their friends they wont pay attention to what's
going on so a car could hit them.
Second, kids wont steal. Some kids think that it's cool to steal from
convenience stores. Others steal from other kids at school to be the
toughest.
Last, kids wouldn't get hurt both verbal and physically. The biggest
problem is kids in gangs and hurting kids. Some kids were allowed
to swear as a kid. So as they got older they got into verbal fights or
got into a Physical fight.
That's why I'm in favor for the curfew.
Sincerely,
y
:,
riffin ge
.,,
Grant Wood Elementary School
1930 Lakeside Drive
Iowa City, IA 52240
Council Members
410 Washington Street
Iowa City, IA 52240
November 17, 2009
Dear City of Iowa City Councilors,
My name is Henry Bethke. I am a 6th grader at Grant Wood Elementary
School. These are some reasons why I support the student curfew. First, it
would be safer for everyone. Secondly, crime may go down. Third, gangs
may stop meeting for the purpose of mischief.
It would be safer for everyone. If someone was coming home from work if
they were working at night, they' d know that there was no danger of them
getting hurt. Also, kids who are potential kidnap victims cannot stay out
after dark. Lastly, if kids sneak out to do something, the police would take
them out of danger.
Crime may go down. Kids won't be able to go out unaccompanied and
commit crimes. A lone kid will be stopped and fined. Citizens, such as
delivery people, will have less chance of getting robbed.
Gangs may stop meeting. They won't be able to meet at night. If gangs do
get together, they can't go anywhere. There may also be more police to
enforce the curfew.
These were some reasons why I support the student curfew. It will be safer .
for everyone. Crime may go down. Gangs may stop meeting for the purpose:.
of mischief.
Sincerely, ~~
Henry Bethke
Grant Wood Elementary School
1930 Lakeside Drive
Iowa City, IA 52240
Council Members
410 East Washington Street
Iowa City, IA 52240
November 17, 2009
Dear Council Members,
My name is Sheldon Brown. I'm a 6``' grader at Grant Wood Elementary School. I
am in favor of the curfew because it brings safety to children. Also, it keeps them
out of trouble and last they gain more responsibility.
If you are in the house your parents dori t have to worry about if you're safe or
not. Also, no one can snatch you because if it's dark outside you cari t really see
anything. If shooting occurred you dori t have to worry about getting shot by
someone who doesri t like you very much. Last of all, a gang won't ambush you.
So if you are in the house you don't need to worry about staying safe outside.
Don't you like staying out of trouble? Well, if you are in the house you dori t
have to worry about it. If you are in the house you wori t be tempted to smoke in
hidden places you can find. You want be out with your friends and they might
want to steal something. If you are in the house you wori t be able to steal
anything. You also wori t try to hurt anybody you have a grudge against.
Last of all, you will also gain responsibility because you have to come in on time.
With you in the house you will get trusted more and you will learn how to make
smart choices.
This is why I agree with the curfew; it's safe, keeps you out of trouble, and you
gain responsibility. So if you stay in the house, I guarantee you will stay safe and
stay out of trouble. Maybe you will also gain responsibility.
Grant Wood Elementary School
1930 Lakeside Drive
Iowa City, IA 52240
Council Members
410 East Washington Street
Iowa City, IA 52240
November 17, 2009
Dear Council Members,
My name is Joseph Buhr. I am a 6t1i grader at Grant Wood Elementary School. I
am in favor of the curfew because it brings safety to more people.
First, the curfew brings some dangerous people inside. If people are inside their
houses then they won't need to worry about being attacked. You only need to be
out that late unless that it is an emergency.
Second, the curfew lets more mature, older people to stay out more. Most, older
minors are more mature, so they get more privileges. That will mean that they
will have to use their responsibility the right way and not to make big trouble in
the area that they live.
Finally, parents are responsible for their children. The darker the day is the more
people think they can get away with whatever they are doing. Parents can use
the curfew as a tool to keep their unruly children inside. If their children argue
the parents can always say, "I'm sorry, it's the law."
That is why I think the curfew is a good idea.
Sincerely,
o~C~ ~~ ~~{~ ~
Joseph Buhr
Grant Wood Elementary School
1930 Lakeside Drive
Iowa City, IA 52240
Council Members
410 East Washington Street
Iowa City, IA 52240
November 17,2009
Dear Council Members,
My name is Donnie Day. I'm a sixth grader from Grant Wood Elementary School
and I am in favor of the curfews. I think curfews are a good idea, because
curfews will keep people under the age of eighteen safe at night. Also, it will
help them stay out of trouble.
Curfews are also keeping gangs away from kids that are under the age of
eighteen at night.
Curfews are also keeping crimes away from kids under the age of eighteen at
night.
Curfews is also reminds every kid under the age of eighteen when they need to
be home so that they dori t go to jail or juvenile detention for not being inside by
curfew time.
Sincerely,
~an~t~~a
Donnie Da
Y
Grant Wood Elementary School
1930 Lakeside Drive
Iowa City, IA 52240
Council Members
410 E. Washington Street
Iowa City, IA 52240
November 17, 2009
Dear City Councilors,
My name is Kate Edwards and I'm a sixth grader at Grant Wood Elementary
School. I have three reasons why the curfew is a good idea. The first is health
and welfare. The second reason is responsibility, and the third is safety.
We are having some issues with health and welfare. Most people don't want to
live on the southeast side of town because of all the crime and the public image
for this part of town. People are staying out too late and that can change their
amount of sleep. People have even been physically injured here late at night.
My second reason, responsibility, is also a problem here. Some kids are too
young to be out that late. Parents areri t stopping their children from doing bad
things, so kids keep doing them. Lots of kids have become juveniles and have
broken laws.
We are having major problems with safety. There has been a large increase in
violence here. Also, there has been lots of gang activity. Not only that, but there
has also been assault.
Those are my three reasons about why the curfew is a good idea. I hope that you
will pay attention to some of the things I have written about.
Sincerely,
~~~
Kate Edwards
~_,-,
Grant Wood Elementary School
1930 Lakeside Drive
Iowa City, IA 52240
Council Members
410 E. Washington Street
Iowa city, IA 52240
November 17,2009
Dear City Council Members,
My name is Jerry Gomez and I go to Grant Wood Elementary School and I am in
6`i' grade. I am writing to the city council because I am sharing my argument
about the student curfew; I think they are a bad idea.
My first argument is gangs. Have you ever noticed that gangs dori t care what
they do they do? They do what they do because they think they look good and
don't care if they get caught. They say, "its only $50."
My second argument is students' freedom. Students should be able to have their
freedom to go out and enjoy their life. I don't mean going with their mom or dad
to the store at night to buy things. Some kids might live at Dolphin Lake Pointe
Estates and they might be hungry and they will walk over and buy something
from the Creek-Side Market.
Finally, here is my last argument. If this curfew is to keep gangs off the street and
not outside at midnight, I say that is a good idea. But why should everyone be
punished? Only gang members should be punished.
Sincerely,
Jerry omez
Grant Wood Elementary School
1930 Lakeside Drive
Iowa City, IA 52240
Council Members
410 East Washington Street
Iowa City, IA 52240
November 17, 2009
Dear Iowa City Councilors,
My name is Emerald Joe. I am sixth grade student from Grant wood Elementary School
and I am in favor the Iowa City minor curfew.
There are gangs on the streets of Iowa City, Iowa. The only thing to do is to pass the
curfew. What else would work? After a long hard thought and you're the way I am,
you'll think of the future. Like my dad says "I look as far ahead on the road as I can"
Minors need safety and the only way is adults such as: teachers, parents, guardians, older
sibling (that may not be a adult but maybe their responsible). A way to keep kids safe is
to call them in earlier, they might not be happy but they will be safe. They will thank you
some day, I know I will.
Minors also need sleep. In our class we did resurch on how much children need to sleep.
A healthy amount of sleep is 9-10 hours.
Sincerely,
merald Joe
Grant Wood Elementary School
1930 Lake Side Drive
Iowa City, IA 52240
Council Members
410 East Washington Street
Iowa City, IA 52240
November 17, 2009
Dear Iowa City Council Members,
My name is Micah Martin and I am from Grant Wood Elementary School. I think
that curfews are a good idea because some kids don't have the maturity, it is for
the better welfare and safety of the community, and I think a curfew may change
that.
Responsibility-wise, most kids dori t have the maturity to be trusted alone at
night. Some parents cari t control their kids and a curfew would help that. A
curfew would help the juvenile delinquency rate decrease which has recently
increased.
It is not healthy to be up longer than the curfew. Some doctors say that you need
up to 9-10 hours of sleep. The chance of injury increases the later in a day that it
gets. If the curfew works the public image of juveniles will be better.
Due to the violence it is not safe anymore. The number of assaults has increased.
The gang population has also increased. I believe that a curfew will stop these
problems.
Sincerely,
9
Micah Martin ___--.,
Grant Wood Elementary School
1930 Lakeside Drive
Iowa City, Iowa 52240
Council Members
410 E. Washington Street
Iowa City, Iowa 52240
November 17, 2009
Dear Iowa City Council Members,
My name is Shawn Phanthavong and I am a 6~' grader from Grant Wood
Elementary School. I am writing this letter because I am against the juvenile
curfew. Here are three reasons to be against curfew:
First of all, not everyone is in a gang, therefore, why should everybody be
punished? Why should my neighborhood be punished? I've never heard or seen
gang activity. My street isn't full of gangs, yet we're getting punished. Even if we
set up a curfew, gangs probably wont even stop. If gangs already break the law,
why would they care if there were to be a curfew? Even if they did stop at night,
they'd just do their business before curfew starts.
During the summer, my friends and I like to go outside after ten o'clock. We play
flashlight tag, hang out, catch fireflies, and do a bunch of other stuff in the dark.
With a curfew, we cari t play any of those games anymore. If we have a curfew,
the next generation of kids in Iowa City wouldn't even be able to experience that
kind of stuff.
I think a curfew may also frustrate the police force. This curfew is adding extra
hours to their work, so police will spend more time on the force then with their
families. And if police don't work longer, we will need to pay more taxes for
more police, who will work the night shift.
These three paragraphs are all the reasons that I don't believe in a curfew. I,
Shawn Phanthavong, hope all of you will vote against the juvenile curfew.
Sin rel ,
Shawn Phantha
g
F --
::-:.~
Grant Wood Elementary School
1930 Lakeside Drive
Iowa City, IA 52240
Council Members
410 East Washington Street
Iowa City, IA 52240
November 17, 2009
Dear City of Iowa City Councilors,
My name is Julieta Rangel and I'm a 6th grade student at Grant Wood Elementary School,
and I am in favor of the juvenile curfew. I think the juvenile curfew is a good idea
because with all the shootings and robberies we need this curfew. Safety, responsibility,
and health and welfare those are the three things that lead to this curfew being a good
idea.
The first issue is safety. Gangs and violence are one of the things that a lack of safety
leads to because gangs can be really dangerous. Violence is another one because if you
are into a violent fight you can be charged, too.
The next issue is responsibility. If your child is mature enough that you think they won't
do gang-related things like disturbing neighbors or vandalism they can be charged.
Health and welfare is the last issue. I think that if you get an injury and you get hurt
because you're outside because you got into a fight, the police can charge you and then
you have to pay fine and the bill of the hospital.
That's why I think this juvenile curfew is a good idea.
Sincerely,
Julieta Rangel
Grant Wood Elementary School
1930 Lakeside Drive
Iowa City, IA 52240
Council Members
410 East Washington Street
Iowa City, IA
November 17, 2009
Dear City Council members,
My name is Ellie Rapp, I am a sixth grader at Grant Wood Elementary School and I'm in
favor of student curfew.
With all of the shootings, robberies, and other crimes going on, kids will be safer if there
is a curfew ordinance. Also with kids inside because of curfew, they will be less likely to
be involved in gang activity and violence. I think all adults should vote this curfew to
pass because it is at the cost of their children's safety.
Why is this curfew ordinance such a big deal to kids? Why or where do kids need to be at
10:00 at night? Kids shouldn't be allowed to be out on the streets late at night because
they could get hurt, run over by a car, or even kidnapped. I think the side of reason will
win this argument.
I think that this curfew will make it easier for parents to know where there kids are. Kids
that break this law will have to get their act together and manage their time more
efficiently.
That is why I am in favor of student curfew.
Sincerely,
~~~
Ellie Rapp
~_~'.
li
Grant Wood Elementary School
1930 Lakeside Drive
Iowa City, IA 52240
Council Members
410 East Washington Street
Iowa City, IA 52240
November 17, 2009
Dear Ross Wilburn,
My name is Sara Titus and I am a 6~' grader at Grant Wood Elementary School. I
agree to the curfew because of the following; safety, cost, and health and welfare.
Safety is number one. You do not need to be outside alone. Kids or teens could
be kidnapped. With a curfew there will be less crime. You or a family member
could get hurt if you were jumped by juvenile gang members.
Cost is number two. People do not have money throw around. You have to pay a
court cost and a fine for the crime. I agree with cost because it will stop people
from running around outside alone at night. If you can't afford the fine don't do
the crime.
Heath and welfare is the third reason. Kids need more sleep and do not need to
be up late at night. If kids are inside and not outside it will help that person and
their family from getting sick and keep hospital costs down.
Those are the reasons I agree with the curfew; safety, cost and heath and welfare.
Sincerely,
Sams
Grant Wood Elementary School
1930 Lakeside Dr.
Iowa City, IA 52240
Council Members
410 East Washington Street
Iowa City, IA 52240
November 17, 2009
Dear City of Iowa City Council Members,
My name is Martha Vazquez and I'm a sixth grade that goes to Grant Wood
Elementary School and I'm in favor of the curfew. There are several reasons why
I think the curfew is a really good idea. Number one is safety because I think that
no matter what everyone should be safe. If you are all alone and you get beat up,
you're parents wouldri t know where you were and they would be worried. It is
a good thing that the curfew has times people of certain ages should be home.
Cost and time is another good idea because everybody knows that if you get
caught breaking the curfew then your parents will get fined. Some people dori t
care because they think, "Wow, only fifty dollars." Some kids dori t care because
they are not getting charged, their parents are. That ties in with responsibility.
Once they get charged, then their parents will not trust them anymore.
I really like the idea of the curfew because you'll have to be with someone
instead of going out by yourself. I hope people will finally understand that all the
curfew is mainly trying to do is to keep people safe.
Those are the reasons why I am in favor of the curfew.
Sincerely,
y l~
Martha Vazquez
Grant Wood Elementary School
1930 Lakeside Drive
Iowa City, IA 52240
City Council Members
410 E. Washington Street
Iowa City, IA 52240
November 17, 2009
Dear City Council members;
My name is Duncan Williams. I am a 6r'' grader at Grant Wood Elementary
School. I am writing to tell you why I am in favor of a adding a new juvenile
curfew ordinance. There are three reasons why I am in favor of this; safety,
welfare and responsibility.
The first issue is safety. Without a curfew there will be an increase in violent acts
that will decrease the level of safety in the neighborhood. The participation in
gangs, and the number of gangs itself will increase. Incidents of assault and
intimidation will also continue to increase due to the free rein of those who wish
to inflict violence or acts of vandalism.
The next reason for a curfew is the welfare of the citizens of Iowa City especially
the younger citizens. Studies have shown that young adults need 8-10 hours of
sleep each night. Being inside the house will also reduce the number of injuries
due to bike riding and skateboarding. Finally, the adults in Iowa City will think
that the younger people are more responsible and have better social status.
The last issue is responsibility. Most kids have a lack of maturity and need to
work on making better choices. It is the parents' responsibility to help their
children become more mature through making better choices. A curfew should
also decrease the number of juvenile delinquencies by making sure that kids are
where they're supposed to be, when they're supposed to be there.
Sincerely,
~ ~ I << ~
D~i~ca ~ ms
tt ~
Marian Karr
From: Michael Shaw [jwjshaw1 @yahoo.com]
Sent: Monday, November 30, 2009 1:32 AM
To: Council
Subject: Juvenile Curfew Ordinance
Please consider these issues in your future discussions on the curfew:
1. The curfew law may be deemed
unconstitutional.
See the New York Legal Update "Rochester Curfew Law Ruled Unconstitutional"
(http://www.nylegalupdate.com/2008/10/rochester-curfew-law-ruled-unconstitutional.html).
There are serious concerns about whether this proposed ordinance could withstand a
constitutional challenge.
2. Results are mixed on whether
curfew laws reduce youth crime.
See "Analysis of U.S. Curfew Laws" by Rich Jahn
(http://www.youthrights.org/curfewana.php).
Curfews make communities feel better but there is no conclusive evidence that curfew laws
are strongly associated with reductions in youth crime.
If you attach the wrong solution to a problem then you run the risk of exacerbating the
problem.
3. These
sanctions may be applied disproportionately to the poor and/or racial and ethnic
minorities.
The fine associated with the violation is one way this curfew policy might unintentionally
negatively impact people living in poverty. People with no money or little money will not
be able to pay the fine, which will likely result in further sanctions.
As for how disproportionate responses can occur because of race or ethnicity, please see
"OFF BALANCE: Youth, Race & Crime in the News" by Lori Dorfman
(http://www.buildingblocksforyouth.org/media/media.html).
The perception by those in favor of and opposed to the curfew is that this policy is being
targeted at a particular region in the community, as evidenced by the people that attended
Council meetings on the issue. Not only is the stigma associated with targeting a
neighborhood problematic, the curfew could also create unintended, tangible negative
consequences. If you provide law enforcement with tools to make an arrest, redefine
unlawful behavior, and direct them to concentrate on one area, (which is a necessary and
functional process for law enforcement in some instances), they will have more contacts
and make more arrests in that area.
The Department of Justice and the State of Iowa have identified Disproportionate Minority
Contact (DMC) as a significant concern in the State of Iowa. Policies, such as curfews,
that can be applied on a discretionary basis and are driven by the emotions of a
community, have the potential of exacerbating the problems DMC committees have been
established to address.
Programs have been put in place to address DMC through direct services, training and
technical assistance, and system change. These programs have been showing good success.
Results through 2006 can be seen at: www.iowa.gov/dhr/cjjp/images/pdf/06_pub/2006
DMC Report.pdf.
The DMC approaches, that include the community organizing type activities that came
1
together in response to the curfew proposal, and community policing, similar to approaches
implemented in Cedar Rapids to address similar concerns in the Wellington Heights
community, have been shown to be much more successful than curfew policies.
If the problem that the city has identified is youth delinquency on the Southeast side,
particularly by racial and ethnic minorities, there are best practices, that don't involve
curfews, that have been shown to be effective. Iowa is on the cutting edge of addressing
these issues. Check out the information on the DMC Resource Center website
(http://www2.dsgonline.com/mpg/dmc_default.aspx).
I believe the proposed Juvenile Curfew Ordinance is bad public policy in its
implementation and timing. There is evidence the current strategies, such as the
neighborhood walks and gatherings, are working and there are other strategies, such as
those noted by the DMC Resource Center, that might be even more effective. At your next
reading please reject the proposed Juvenile Curfew Ordinance. Thank you for considering
my concerns and giving yourselves so thoughtfully to the Iowa City community.
Michael Shaw
1824 Seventh Ave. Ct.
Iowa City, IA 52240
2
12-01-09
7
Marian Karr
From: Sue Freeman [sue-freeman@ncjc.orgJ
Sent: Tuesday, November 24, 2009 10:31 AM
To: Marian Karr
Cc: angelina.blanchard-manning@iowa.gov; 'Henry Harper'; 'Roger Lusala'; 'Royceann Porter';
'Doug Fern'; 'Brian Loring'
Attachments: Safe Neighborhoods Coalition timeline.docx; South East Side Survey2.pdf
Marian,
Please add the attached documents to the City Council November 30th work session packets. We are including
an update of the Safe Neighborhoods Coalition, a copy of the SEside survey, and the link (below) referring to a
study completed by Felton Earls.
http•//crab rut~ers edu/~~oertzel/CollectiveEfficacyEarls.html
Thanks,
Sue Freeman
Program Director
Neighborhood Centers of Johnson County
319.354.7989
~~~
~~ ~~~~
lZ~~~~ ,
11 /24/2009
Safe Neighborhoods Coalition
Since the October 2009 City Council meeting, the Safe Neighborhoods Coalition formed to collect information
and input from key stakeholders involved in the recent violence and curfew dialogue-the adults and youth
living on the southeast-side of Iowa City. SNIC-Coalition members came together with the goal of making our
neighborhoods safer by improving neighbor-to-neighbor relations and creating positive experiences that help
influence choices of neighborhood youth.
We started by gathering information from residents on matters of safety, social capital and community
cohesion. Once that information has been processed, we will bring together key-stakeholders to create a plan of
action that builds upon community and individual strengths. The final step is implementing the plan with the
active support of neighbors, businesses, human services and community institutions.
October -November:
Data Collection: Complete door-to-door survey of households.
We created the survey to assess how residents feel about their connectedness, safety, and youth involvement
(see attached). Teams of volunteers and agency staff went door-to-door to administer the survey; the southeast
side of town was split into three sections: 1) Keokuk/Broadway Street area; 2) Taylor to Sycamore area; 3)
Sycamore to the east area. Teams then went out, door to door, and asked residents to fill out the survey.
November:
Surveys processed by UI Graduate Students.
Kevin Pinkerton, a University of Iowa graduate student in Sociology, volunteered to process the surveys (with
the help of both graduate and undergraduate sociology students). Approximately 330 surveys were completed
(out of about 1000 households); every household had at least 1 attempt at completing the survey.
The early surveys showed that many adults living in the neighborhood do not know their neighbors and would
not know who to call in an emergency. This is troubling in that strong connections to neighbors is one of the
primary indicators for safe communities (please see the attached link to the Felton Earls study). Of course, we
will wait to review the complete survey data to make full recommendations.
December:
Review data. Report findings.
January -February:
Stakeholder Meetings:
Planning meetings with local stakeholders including adults, youth, neighborhood associations, schools, area
business, government, agencies:
/ Review survey data
/ Review current programming
/ Assess area strengths and needs
/ Make plan and recommendations
March:
Announce plan and recommendations.
April:
Program kick-off events for the Southeast-side neighborhoods.
Name:
Date:
Address:
Phone:
Household Information:
1.) Number of members living in your household: Adults
2 Child Information•
Children (under the age of IS)
Name of Children in
Home
Age/
Grade
School/Child Care
Currently Attending
Please list any afterschool
programs Please list any
extracurricular school
activities
3.) How long have you lived at your current
Residence?
4.) How long do you plan on living at your
current residence?
5.) (If employed) How many hours do you
usuall work per week?
6.) Are you currently enrolled in classes or a
vocational program:
A. Neighborhood Connections:
1.) If you have an emergency at home (e.g.
childcare, ride to work, someone to talk to...)
how many friends in the neighborhood do you
have who can help?
2.) How well connected do you feel to your
neighbors?
3.) If you have a problem with your neighbor (e.g.
usuall do:
a. Never had a problem
b. Do nothing
c. Call/Talk to neighbor right away
d. Call/Talk to neighbor another time
e. Call/Talk to landlord
f. Call Police
< 6 Months 6-12 Months 1-3 Years >3 Years
< 6 Months 6-12 Months 1-3 Years >3 Years
<10 HourS 10-20 Hours 20-35 Hours >35 Hour
Full Time Part Time Does not A ly
None 1 -2 3 - 4 5 or more
Ve Well Somewhat A little bit Not at all
music too loud, noise on street, parked cars, ect...) what do you
4.) Do you believe any of the following programs will help create stronger neighborhood connections?
Dlnn~o nirlr thraa~
.v.
Block Parties Neighborhood Neighborhood Additional Picnic
Tabl
BBR
Other:
Meetings Newsletters Ar as
Neighborhood Afterschool Youth Family Events Block Parents Other:
Phone Tree Programs
8. Neighborhood Safety:
1.) How safe do you feel...
Verv Safe Safe Unsafe Verv Unsafe Does not Aaply
a. In your apartment/home?
b. In your parking area/driveway?
c. Walking in your neighborhood?
d. In public spaces (parks, etc)?
2.) Do you believe any of the following programs will help create a safer neighborhood?
Dlsaaca nick thraE+~
Getting to know Neighborhood
More Police Bike/Foot Police your neighbor Curfew Watch Programs
activities
Improved Outdoor Private security More Employment More Teen Other:
Lighting Company Programs Programs
C. Neighborhood Youth Involvement:
1.)
2.)
3.)
Does your youth participate in activities Not at all Sometimes Dail N/A
afterschool, evening or weekends?
If not at all, please mark the reasons why your youth does not participate:
a. No Time
b. No Interest
c. Funding
d. Transportation
e. They are babysitting younger sibling(s)
f. Was unaware of the program
g. Other:
If yes please mark the following programs your youth participates in:
a. Youth Employment
b. Sports
c. Before/After School Program
d. Tutoring
e. Game Night/Open Games
f. 21 Century Grant
g. Other:
D. Southeast Side Assets
Never 1-2 Days 3- 4 Da s 5 or more
Never 1-2 Days 3- 4 Da s 5 or more
Never i-2 Days 3- 4 Da s 5 or more
Never i-2 Days 3- 4 Da s 5 or more
Never 1-2 Days 3 - 4 Days 5 or more
Never 1-2 Days 3- 4 Da s 5 or more
Never 1-2 Days 3- 4 Da s 5 or more
1.) What are the best things about the Southeast Side?
2.) What are some things about the Southeast Side you would like to see change?
3.) What do you enjoy most about living on the Southeast Side?
Collective Efficacy -Felton Earls
January 6, 2004
4C; f E:l~ 1` i 5'I` ;1 T W`f1 R K
On Crime as Science (a Neighbor at a Time)
By DAN HURLEY
OSTON - Dr. Felton Earls was on the street, looking for something
at ground level that would help explain his theories about the roots of
crime. He found it across from a South Side housing project, in a
community garden of frost-wilted kale and tomatoes.
"That couldn't be more perfect," said Dr. Earls, a 61-year-old professor of
human behavior and development at the Harvard School of Public Health.
Gazing at a homemade sign for the garden at the corner of East Brookline
Street and Harrison Avenue, he pointed out four little words: "Please respect our efforts."
Page 1 of 4
"We've been besieged to better explain our findings," he said. For over 10 years, Dr. Earls has run one of
the largest, longest and most expensive studies in the history of criminology. "We always say, It's all
about taking action, making an effort."
Dr. Earls and his colleagues argue that the most important influence on a neighborhood's crime
rate is neighbors' willingness to act, when needed, for one another's benefit, and particularly for
the benefit of one another's children. And they present compelling evidence to back up their
argument.
Will a group of local teenagers hanging out on the corner be allowed to intimidate passers-by, or will
they be dispersed and their parents called? Will a vacant lot become a breeding ground for rats and drug
dealers, or will it be transformed into a community garden?
Such decisions, Dr. Earls has shown, exert a power over a neighborhood's crime rate strong enough to
overcome the far better known influences of race, income, family and individual temperament.
"It is far and away the most important research insight in the last decade," said Jeremy Travis, director
of the National Institute of Justice from 1994 to 2000. "I think it will shape policy for the next
generation."
Francis T. Cullen, immediate past president of the American Society of Criminology, said of Dr. Earls's
research, "It is perhaps the most important research undertaking ever embarked upon in the study of the
development of criminal behavior."
The National Institute of Justice has so far spent over $18 million on Dr. Earls's study -more than it
has ever financed for any other project. The MacArthur Foundation has spent another $23.6 million on
the study, likewise the most it has spent, and money from other government agencies has brought the
cost of the project to over $51 million so far.
Dr. Earls came to his current work by a circuitous route that included one great leap. Born to working-
class parents in New Orleans, he graduated from Howard University's College of Medicine and pursued
a postdoctoral fellowship in neurophysiology at the University of Wisconsin.
http://crab.rutgers.edu/~goertzel/CollectiveEfficacyEarls.html 11 /24/2009
Collective Efficacy -Felton Earls Page 2 of 4
It was there that he met Dr. Mary Carlson, a neurophysiologist. They have been married for 31 years and
are now collaborating on a project in Tanzania to promote the well-being of children who have lost their
parents to AIDS.
When they met, they were both aiming for a white jacket career in the laboratory. In fact, back in April
1968, Dr. Earls spent 36 hours straight, alone for much of the time, in a soundproof room, mapping the
responses of a cat's brain to various high- or low-frequency sounds.
When he emerged from his laboratory on the evening of April 5, the Wisconsin campus was in an
uproar. Only then did he learn that Martin Luther King Jr. had been killed the day before. Having
participated in rallies led by Dr. King, Dr. Earls says he reacted instantly.
"I realized that I couldn't have a career in neurophysiology. Icouldn't remain in a laboratory," he said.
"King's death made me see that I had to work for society. My laboratory had to be the community, and I
had to work with children because they represent our best hope."
Six months later, he left Wisconsin and went to East Harlem to train as a pediatrician, then to
Massachusetts General Hospital to train as a child psychiatrist, and finally to the London School of
Hygiene for a degree in public health.
His research is, in essence, about the health of communities, not just about crime. "I am
concerned about crime," he said, "but my background is in public health. We look at kids
growing up in neighborhoods across a much wider range than just crime: drug use, school
performance, birth weights, asthma, sexual behavior."
His study, based in Chicago, has challenged an immensely popular competing theory about the roots of
crime. "Broken windows," as it is known, holds that physical and social disorder in a
neighborhood lead to increased crime, that if one broken window or aggressive
squeegee man is allowed to remain in a neighborhood, bigger acts of disorderly
behavior will follow.
This theory has been one of the most important in criminology. It was first proposed in
an article published 20 years ago in The Atlantic Monthly, written by Dr. James Q.
Wilson and George L. Kelling. The theory provided the intellectual foundation for a
crackdown on "quality of life" crimes in New York City under Mayor Rudolph W.
Giuliani.
Today, "broken windows" policing is endorsed by police chiefs across the country, its proponents sought
out for lectures and consulting around the world. But from the beginning, Dr. Wilson concedes, the
theory lacked substantive scientific evidence that it worked.
"I still to this day do not know if improving order will or will not
reduce crime," Dr. Wilson, now a professor emeritus at the
University of California, Los Angeles, recently said in a telephone
interview. "People have not understood that this was a speculation."
Testing "broken windows" was not the point of the Project on
Human Development in Chicago Neighborhoods, the study planned
and conducted by Dr. Earls and colleagues to unravel the social,
familial, educational and personal threads that weave together into lives of crime and violence.
http://crab.rutgers.edu/~goertzel/CollectiveEfficacyEarls.html 11 /24/2009
Collective Efficacy -Felton Earls
Page 3 of 4
Nonetheless the data gathered for it, with a precision rarely seen in social science, directly
contradicted Dr. Wilson's notions. From June to October 1995, trained observers drove a sport utility
vehicle at 5 miles per hour down every street in 196 carefully selected Chicago neighborhoods.
As they drove, a pair of video recorders, one on each side of the S.U.V., recorded social activities and
physical features: litter, graffiti, drug deals, public drinking, everything within the camera's view. When
the researchers were done, 11,408 blocks had been observed and videotaped. Then the police records on
homicide, robbery and burglary were pulled for each of these 196 neighborhoods, along with in-person
surveys of 8,782 residents.
In a landmark 19y7 paper_that he wrote with colleagues in the journal Science, and in a subsequent study
in The American Journal of Sociology, Dr. Earls reported that most major crimes were linked not to
"broken windows" but to two other neighborhood variables: concentrated poverty and what he
calls, with an unfortunate instinct for the dry and off-putting language of social science, collective
efficacy.
"If you got a crew to clean up the mess," Dr. Earls said, "it would last for two weeks and go back to
where it was. The point of intervention is not to clean up the neighborhood, but to work on its collective
efficacy. If you organized a community meeting in a local church or school, it's a chance for people to
meet and solve problems.
"If one of the ideas that comes out of the meeting is for them to clean up the graffiti in the
neighborhood, the benefit will be much longer lasting, and will probably impact the development of kids
in that area. But it would be based on this community action -not on a work crew coming in from the
outside."
Boston's experience in the 1990's, he believes, demonstrates his point. "Right now there are about 35
homicides per year in Boston, down from 151 in 1991," he said. "It plummeted between 1996 and 1998.
Many people attributed it to the Ten-Point Coalition, a group of black ministers who took to the streets
to engage kids and work with other adults to develop after-school programs.
"At the same time, they were also asking the kids to help them target the ringleaders who were going
down to Maryland to buy weapons. And they were coordinating their activities with policemen. So
through these ministers, there was an activation of large groups of adults and kids."
Driving back from the community garden in the South End of Boston, Dr. Earls emphasized that the
analysis of the findings of the Chicago study had only begun. The entire neighborhood study was
repeated between 2000 and 2002, and a second study tracking the behavioral and medical development
of some 7,000 children in those same neighborhoods from birth to age 25, was finished in December
2001.
Dr. Robert J. Sampson of Harvard, Dr. Steven Raudenbush of the University of Michigan, Dr. Jeanne
Brooks-Gunn of Columbia and Dr. Earls are now working together on papers that they expect to see
published this year.
"If we are to show that where you grow up is more important than your temperament or your I.Q. or
your family, or even equally important, that is a major contribution to science," Dr. Earls said. "We're
saying that community is important at a moment in science when many of the most dramatic findings
are in genetics. If genetics plays a role, it's got to be a minor role, because the community effects are
very robust."
http:Ucrab.rutgers.edu/~goertzel/CollectiveEfficacyEarls.html 11 /24/2009
Collective Efficacy -Felton Earls
Page 4 of 4
As important as the study's findings, Dr. Earls said, are the measurement tools developed to uncover
them. "Newton's discovery of gravity was important because he was able to measure it and quantify it,"
he says. "What we are discovering around collective efficacy was not terribly obvious before we started
to measure it with some precision."
As for policy implications, Dr. Earls said that rather than focusing on arresting squeegee men and
graffiti scrawlers, local governments should support the development of cooperative efforts in low-
income neighborhoods by encouraging neighbors to meet and work together. Indeed, cities that
sow community gardens, he said, may reap a harvest of not only kale and tomatoes, but safer
neighborhoods and healthier children.
Sampson R, Raudenbush SW, and Earls F. (1997). Neighborhoods and violent crime A multilevel study of collective
efficac .Science, 277:918-924. Mirrored at Rutgers.
Robert Sampson, Stephen Raudenbush, ~stematic Socia] Observation of Public S~aces~ A New Look at Disorder in Urban
Neighborhoods, American Journal of Sociology, Volume 105 Number 3 (November 1999): 603-51. Mirrored at Rutgers.
http://crab.rtgers.edu/~goertzel/CollectiveEfficacyEarls.html 11 /24/2009
~~~
Previously distributed as 4~ 4e(8) of 11/17 Consent Calendar
Youth Advisory Commission Neighborhood Safety Forum
October 24, 2009
Chairwoman Green opened the forum with some words.
Presentations.
Officer Jeremy Bossard of the ICPD shared that the ICPD has increased its foot patrols; local
apartment buildings have hired private security companies to increase safety. He also said that
the police department generally favors the curfew, as it's another tool that the department can
use to get youth to talk about these problems.
Henri Harper of The Coalition reported that he's primarily seen a change in attitude in Iowa City
youth, specifically an increase in hopelessness, desperation and general irritability. He's also
observed flaws in the system of blame. He wants to make sure that there are solutions
implemented whether or not the curfew resolution carries. He says that people on the
southeast side feel that the curfew will be targeting black youth. However, he also noted that
individuals who are breaking rules don't' care if the break one more rule. He thinks that it's
ironic that youth are not really being engaged at all in this conversation. He said the Coalition
would be implementing programs during the summer, as this is the time when kids have the
most free time and are most apt to get in trouble.
Marcia Bollinger, Iowa City Neighborhood Association Coordinator spoke first. She outlined her
responsibilities as the ICNA coordinator and provided a background of the Grant Wood
neighborhood, the largest neighborhood on the southeast side of Iowa City.
Therese McKenzie, the Grant Wood Neighborhood representative, spoke about the rise of
crime in her neighborhood. She said that it started with a lot of little things, stolen bikes, etc.
But over the summer, it became a herwisergWe neeld t behproactive~ She thinkssan increased
fear, whether based in reality or of
police presence would save money in the long run, akin to preventative medicine. She wants to
focus on working through police channels and having crime prevention. Her key area, however,
is positive events. She reported that there is a great gym at the Grant Wood School and is
definitively underutilized. She'd like to see programs there every day after school. She's said
that she's had lots of interactions with kids who have really good ideas about community
development and thinks that we really need to engage the youth. She really wants to push the
importance of volunteering in the community and tutoring programs for all grades in the
neighborhood.
Open Mic:
Staci Porter: Give us thins to do
Brennan Bogert: We need goals and community role models.
Youth Advisory Commission Neighborhood Safety Forum
October 24, 2009
Page 2
Jim Knapp: School Involvement, Parental Involvement, and Children Involvement
Parental assistance /education
Kids want feedback and recognition
Give kids hope and ambition
University of Iowa students helping with tutoring programs
Big Brothers/Big Sisters
Tae-Kwon Do
Marching Drum Corps
Harper: Provide opportunities and change programs that don't work, we know what they are
and we need to stop throwing money at them. Get involved with the elementary schools! Give
them goals, dreams, hopes and structure. Change of mindset. There needs to be an impetus
for social change.
McKenzie: Empower teenagers to make differences in their community. They know that in
working with adults in other groups, they can actually affect change. She affirmed that kids
want to be a part of the community, but don't want to be told what is or is not good for them.
She noted that kids have their own ideas and they should be allowed to roll with it, because
that's how you get kids wanting to be involved. She thinks we need to stop reacting to mini-
riots and stop reacting to gangs of kids and look at the big picture as a whole.
Bollinger: Neighborhood groups starting to work together. There are a lot of groups with
common goals and they're finally starting to come together.
Charlie Eastham: His kids grew up on the eastside. Comments regarding the use of policing
children. The ICPD is very good at catching criminals who commit serious crimes. 35% of black
youth in Johnson County have been arrested at least once. Let's have the race discussion.
Circe Stumbo: She noted that she'd seen= a number of themes throughout the discussion. One
big thing that she's seen and thinks is really important is the notion of community service.
She'd very much like to see kids step up and volunteer. She also wants people to acknowledge
that racism is alive and well and we all need to be extra careful in our behavior and thoughts.
Joyce Barker: Mrs. Barker used to be a daycare teacher and experienced firsthand parents who
dropped off kids and expected the daycare staff to basically "fix" their kids. She explained how
parents who don't have expectations for their kids lead to kids not having expectations for
themselves and that we can't just keep trying to fix the kids when the kids aren't the problem.
She reiterated Mr. Harper's point about kids needing attention.
Page 1 of 1
Marian Karr
From: Lin, Li-Hsien [li-hsien-lin@uiowa.edu]
Sent: Tuesday, December 01, 2009 1:31 PM
To: Council
Subject: Support curfew
Please vote for the curfew law.
Thank you for doing something to save Iowa City from going downhill, especially my
neighborhood.
Li-Hsien Lin
12/1/2009
M~~
Prepared by: Tim Hennes, Sr. Building Inspector, 410 E. Washington St., Iowa City, IA 52240; 319-356-5122
ORDINANCE NO. 09-4368
AN ORDINANCE AMENDING TITLE 17, CHAPTER 1, BUILDING CODE, BY ADOPTING THE
INTERNATIONAL BUILDING CODE, 2009 EDITION, AND THE INTERNATIONAL RESIDENTIAL
CODE, INCLUDING APPENDIX F RADON CONTROL METHODS, 2009 EDITION, PUBLISHED BY
THE INTERNATIONAL CODE COUNCIL AND PROVIDING FOR CERTAIN AMENDMENTS
THEREOF; TO PROVIDE FOR THE PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF
THE CITIZENS OF IOWA CITY, IOWA.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. PURPOSE. The purpose of this ordinance is to adopt the 2009 Edition of the International Building
Code and International Residential Code as published by the International Code Council and to provide for certain
amendments thereof; and to provide for the protection of the health, welfare and safety of the citizens of Iowa City,
Iowa, and to provide for its enforcement.
SECTION II. Sections 17-1, 17-2, 17-3 and 17-4 of the Iowa City Code are hereby repealed and the following
new Sections 17-1, 17-2, 17-3 and 17-4 are enacted in lieu thereof.
17-1-1: Code Adopted: Subject to the following amendments, the 2009 edition of the International Building
Code (IBC) and 2009 Edition of the International Residential Code (IRC) including Appendix F Radon Control
Methods are hereby adopted and shall be known as the Iowa Ciry Building Code or the Building Code.
Interpretations of the Building Official may be guided by publications of the International Code Council, Inc. or the
International Existing Building Code.
17-1-2: Interpretation of Building Code provisions: The provisions of this Code shall be held to be the
minimum requirements adopted for the protection of the health, safety and welfare of the citizens of Iowa City. Any
higher standards in the state statute or City ordinance shall be applicable.
17-1-3: Amendments to Code: The following sections of the 2009 edition of the International Building Code
and 2009 edition of the International Residential Code are amended as follows:
A. Section 101.1 of both the IBC and IRC. Delete Section 101.1 of both the IBC and IRC and insert in lieu thereof
the following:
101.1 Title. These regulations shall be known as the Building Code of Iowa City, hereinafter referred to as
"this code."
B. Section 105.2 of both the IBC and IRC. Delete Section 105.2 of both the IBC and IRC and insert in lieu thereof
the following:
105.2 Work Exempt from Permit. A permit shall not be required for the following:
Building
1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar
uses, provided the floor area does not exceed 144 square feet provided the structure is not
located in a flood hazard area.
2. Fences not over 6 feet (1829 mm) high.
3. Oil derricks
4. Retaining walls which are not over 4 feet (1219 mm) in height measured from the bottom of the
footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids.
5. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18 925 L)
and the ratio of height to diameter or width does not exceed 2 to 1.
6. Sidewalks and driveways not more than 30 inches (762 mm) above grade and not over any
basement or story below and which are not part of an accessible route.
7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
8. Temporary motion picture, television and theater stage sets and scenery.
9. Prefabricated swimming pools which are less than 24 inches deep, do not exceed 5,000 gallons and
are installed entirely above ground.
10. Shade cloth structures constructed for nursery or agricultural purposes and not including service
systems.
11. Swings and other playground equipment accessory to detached one- and two-family dwellings.
12. Window awnings supported by an exterior wall which do not project more than 54 inches (1372
mm) from the exterior wall and do not require additional support.
13. Movable cases, counters and partitions not over 5 feet 9 inches (1753 mm) in height.
14. For structures regulated by the IRC the reapplication of shingles and roof sheathing provided less
than 50% of the sheathing is replaced and other structural alterations are not required.
Ordinance No. 6q_4'ifiR
Page 2
15. For structures regulated by the IRC reapplication of siding and windows provided:
a. Window opening sizes are not altered and conforming rescue and escape windows are
present in all sleeping rooms.
b. Property is not located in a Historic Preservation Overlay Zone, or a Conservation District
Overlay Zone, or is not an Iowa City Historic Landmark.
Electrical:
1. Portable motors or other portable appliances energized by means of a cord or cable having an
attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by
this code.
2. Repair or replacement of fixed motors, transformers or fixed approved appliances of the same type
and rating in the same location.
3. Temporary decorative lighting.
4. Repair or replacement of current-carrying parts of any switch, contactor, control device or contact
device of the same type and/or rating.
5. Replacement of any over-current device of the required ampacity and interrupt rating in the same
location.
6. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas
tube systems.
7. Temporary wiring for experimental purposes in suitable experimental laboratories.
8. The wiring for temporary theater, motion picture or television stage sets.
Gas:
1. Portable heating, cooking or clothes drying appliances.
2. Replacement of any minor part that does not alter approval of equipment or make such equipment
unsafe.
3. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not
interconnected to a power grid.
Mechanical:
1. Portable heating appliances.
2. Portable ventilation appliances.
3. Portable cooling units.
4. Steam, hot- or chilled-water piping within any heating or cooling equipment regulated by this code.
5. Replacement of any minor part that does not alter approval of equipment or make such equipment
unsafe.
6. Portable evaporative coolers.
7. Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant or that are
actuated by motors of 1 horsepower (746 W) or less.
8. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not
interconnected to a power grid.
9. The replacement of fixed appliances provided however that the replacement appliance is in the same
location and has a rating equal to or less than the appliance being replaced, and it is not necessary to
remove, replace, alter, or install any additional ductwork or piping.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any
concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary
to remove and replace the same with new material, suchwork shall be considered as newwork and a
permit shall be obtained and inspection made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and
reinstallation of water closets, provided such repairs do not involve or require the replacement or
rearrangement of valves, pipes or fixtures.
3. The replacement or removal and reinstallation of any fixture or appliance, provided, however, that the
fixture or appliance is installed at the same location and it is not necessary to remove, replace, alter, or
install any piping. Exemption from the permit requirements of this Code shall not be deemed to grant
authorization for any work to be done in violation of the provisions of the Code or any other laws or
ordinances of this jurisdiction.
Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to
be done in a manner in violation of the provisions of this Code or any other laws or ordinances of this jurisdiction.
Ordinance No. gq_/,~hR
Page 3
C. Section 105.5 of both the IBC and IRC. Modify Section 105.5 of both the IBC and IRC by adding a sentence to
the end as follows:
In no case shall the permit be effective unless the work covered by the permit has a documented
inspection every 6 months minimum and is completed within 24 months of the date on which the original
permit was issued.
D. Section 105.10 of both the IBC and IRC. Add two new Sections 105.10 and 105.10.1 to the IBC and R105.10
and R105.10.1 to the IRC as follows:
105.10 Demolition permits required. A demolition permit shall be required as follows:
1. For the removal of any building or structure.
2. For the removal of any portion of a building (i.e. porch, porch railing, decorative brackets and trim,
dormers, chimneys, etc.) that is located within a Historic Preservation Overlay Zone or a Conservation District
Overlay Zone, or is an Iowa City Historic Landmark.
105.10.1 Requirements. The applicant for any demolition permit shall state on the application the
proposed disposal plans for all demolition materials. No demolition permit shall be issued until seven (7) working
days after the date an application has been properly filed and said demolition permit shall not be effective until
applicant has posted the premises to be demolished with a notice to be provided by the City and as directed by the
City; provided, however, that accessory buildings as defined in the Iowa City Zoning Ordinance and having no
historic significance and dangerous buildings shall be exempt from said notice and waiting requirement.
E. Section 107.3 of the IRC and Section 108.3 of the IBC. Amend Section 107.3 of the IRC and Section 108.3 of
the IBC as follows:
107.3 (IRC) 108.3 (IBC) Temporary Power: Replace the "NFPA 70" with "Iowa City Electrical Code".
F. Section 108.2 of the IRC and Section 109.2 of the IBC. Delete Section 108.2 of the IRC and Section 109.2 of the
IC and insert in lieu thereof the following:
108.2 (IRC) 109.2 (IBC) Permit Fees and Valuations. The fee for any permit shall be as set forth in the
building permit fee schedule as established by resolution of the City Council. The determination of value or valuation
under any of the provisions of this Code shall be made by the Building Official. The value to be used in computing
the building permit and building plan review fees shall be the total value of all construction work for which the permit
is issued, as well as all finish work, painting, roofing, site grading, paving, landscaping, elevators, and other
permanent equipment. The value to be used in computing the value of construction for reports shall be the total
value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical,
plumbing, heating, air conditioning, site grading, paving, landscaping, elevators, fire extinguisher systems and other
permanent equipment.
G. Section 108.3 of the IRC and Section 109.3 of the IBC. Delete Section 108.3 of the IRC and Section 109.3 of the
IBC and insert in lieu thereof the following:
108.3 (IRC) 109.3 (IBC) Plan Review Fees. When a plan or other data are required to be submitted by
Section 106 and the value of the proposed building or work exceeds fifteen thousand dollars ($15,000), a plan
review fee shall be paid before the permit may be issued. Should the project be abandoned and the permit not
issued after the plan review has been started, the, plan review fee shall still be due and payable. The plan review
fee shall be as set forth by resolution of City Council. Plan review fees are separate fees from the permit fee
specified in Section 108.2 and are in addition to permit fees.
H. Section 108.6 of the IRC and Section 109.4 of the IBC. Delete Section 108.6 of the IRC and Section 109.4 of
the IBC and insert in lieu thereof the following:
108.6 (IRC) 109.4 (IBC) Work commencing before permit issuance: Any person who commences
work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary
permits shall be subject to a fee equal to the amount of the permit fee if a permit were issued. This fee shall be
collected whether or not a permit is issued. The payment of such fee shall not exempt any person from
compliance with all other provisions of this Code or from any penalty prescribed by law. Only the Building Official
may reduce this fee when it is demonstrated that an emergency existed that required the work to be done
without a permit.
I. Section 108. 5 of the IRC: Delete Section 108.5 in the IRC and insert in lieu thereof the following:
R108.5 Refunds: The Building Official may authorize the refunding of any fee paid hereunder which
was erroneously paid or collected. The Building Official shall not authorize the refunding of any fee paid except
upon written application filed by the original permittee within one hundred eighty (180) days from the date of fee
payment.
Ordinance No. 09-4368
Page 4
J. Section 109.6 of the IBC: Delete Section 109.6 in the IBC and insert in lieu thereof the following:
109.6 Refunds: The Building Official may authorize the refunding of any fee paid hereunder which was
erroneously paid or collected. The Building Official shall not authorize the refunding of any fee paid except upon
written application filed by the original permittee within one hundred eighty (180) days from the date of fee
payment.
K. Section 1010.3.5 of the IBC. Delete Section 1010.3.5 in the IBC.
L. Section 112 of the IRC and Section 113 of the IBC. Delete Section 112 of the IRC and Section 113 of the IBC
and insert in lieu thereof the following:
Section 112 of the IRC and Section 113 of the IBC Appeals: See Title 17 Chapter 12 Appeals in the City
Code.
M. Section 202 of both the IBC and IRC. Add new definition as follows:
Family: See Section 14-9A Zoning Definitions in the City Code.
N. Section 202 of both the IBC and IRC. Add new definition as follows:
Emergency Communications Center. Shall mean the Iowa City Emergency Communications Center
unless and until the operation of the Johnson County Joint Emergency Communications Center.
O. Section 202 of the IBC and IRC. Modify definitions as follows: Habitable space: Add a sentence to the end of
the definition of habitable space or room to read as follows: Basement areas finished to a degree to encourage
their use as anything other than storage or mechanical rooms shall be considered habitable space.
P. Section 202 of the IRC. Delete definition of Accessory Structure and insert in lieu thereof the following:
ACCESSORY STRUCTURE. See Title 17 Chapter 9 Definitions in the City Code.
Q. Table R301.2 (1) of the IRC Modify by inserting data in the table as follows:
Ground Wind Seismic Subject to Damage From
Snow Speed Design Frost Line
Load (mph) Category Weathering Depth Termite
25 90 A Severe 42" Moderate
Heavy
Ice Flood H azards
Winter Shield Mean
c Design Underlay Firm Air Freeze Annual
Temp. Required NFIP Maps Index Temp.
-5° F Yes 5-22-77 2-16-07 2000 50° F
R. Section R302.2 of the IRC. Modify by deleting the exception and adding a new exception to read as follows:
Exception: A common 2-hour fire-resistance-rated wall assembly tested in accordance with ASTME 119 or UL
263 is permitted for townhouses if such walls do not contain plumbing or mechanical equipment, ducts or vents
in the cavity of the common wall. The wall shall be rated for fire exposure from both sides and shall extend to
and be tight against exterior walls and the underside of the roof sheathing.
Electrical installations shall be installed in accordance with Chapters 34 through 43. Penetrations of electrical
outlet boxes shall be in accordance with Section R302.4.
S. Section R3022.4 of the IRC. Delete the 5`h exception and insert in lieu thereof the following:
5. Townhouses separated by a common 2-hour fire-resistance-rated wall as provided in Section R302.2.
T. Section R305.1 of the IRC. Modify by adding a 3~d exception as follows:
3. Ceiling height may be reduced to six (6) feet eight (8) inches for main support beams and
mechanical ducts provided the prescribed ceiling height is maintained in at least two-thirds (z/3) of the room.
U. Section R310.1 of the IRC. Modify by deleting the exception and adding a new exception as follows:
Exception: For emergency escape and rescue openings required for the remodeling or finishing of
space in an existing basement, the maximum sill height may be measured from an elevated landing not less
than 36 inches wide, not less than 18 inches out from the interior finish of the exterior wall and not more than 24
Ordinance No. nA-l,'iF,R
Page 5
inches in height. The landing shall be permanently affixed to the floor below and the wall under the window it
serves.
V. Section R311.7.2. of the IRC. Modify by adding the number 1 to this exception and adding a second exception
as follows:
EXCEPTION 2: Structures that existed prior to 8/28/02 (adoption of the 2000 IRC) shall be allowed 6'-
6" headroom.
W. Section R313 of the IRC: Modify by deleting Section R313 and inserting in lieu thereof the following:
Section R313 Fire Protection
Townhouses and One Family and Two Family Occupancies incorporating designed lightweight materials such as
trusses or engineered lightweight material (including but not limited to wooden I-Beams, cold-form steel or light
gauge bar joist trusses) in the structural floor or ceiling areas, shall protect the floors/ceilings areas with not less
than '/2 -inch gypsum board with joints taped and fastener heads treated on the underside of the floor/ceiling
system.
Exception:
1. If the underside of a floor system is a crawl space where no combustible materials are
stored.
2. If the townhouse has an automatic residential fire sprinkler system designed and installed in
accordance with Section P2904.
3. If the one family and two family occupancies has an automatic residential fire sprinkler
systems shall be designed and installed in accordance with Section P2904 or NFPA 13D.
X. Section R320.2 of the IRC. Add Section R320.2 in the IRC as follows:
R320.2 Accessibility for projects other than those mentioned in Section R320.1.
R 320.2.1 Scope. The provisions of this section are enacted to implement universal design features that provide
accessibility, usability and visit-ability for all.
R 320.2.2 Definition. Public funds shall mean funding or assistance from the City of Iowa City or any agent
thereof through any of the following means:
1. a building contract or similar contractual agreement involving aCity-funded program or fund;
2. any real estate received by the owner through a subsidy, lease, or donation by the City or its agents;
3. preferential tax treatment, bond assistance, mortgage assistance, or similar financial advantages
from the City or its agents;
4. disbursement of federal or state construction funds including a Community Development Block
Grant; or
5. a City contract to provide funding or a financial benefit for housing.
R320.2.3 Applicability. The amendment applies to new one- and two-family dwellings and is not
required for new townhouses, or existing structures for repairs, alterations, change of occupancy
or additions unless the square footage of the addition is more than 25% of the existing structure,
then, the addition must comply.
Exception: Applies to new townhouses constructed using public funds must.
The minimum usability requirements are as follows:
1. Interior doors: At least one bedroom, one bathroom and all other passage doorway header
widths, on the level served by the designed step-less entrance, must be framed to
accommodate a minimum 38" clear rough opening. The framing for the doorway width
opening may be reduced to accommodate any door size provided public funds are not used
in which the minimum door clear opening shall be thirty-two inches (32") when the door is
open ninety degrees (90 ), measured between the face of the door and the opposite stop.
Note: A 34" door hung in the standard manner, provides an acceptable 32" opening.
Exception: Doors serving closets twenty-four inches (24") or less in depth.
2. Switch and outlet reouirements: All wall switches, controlling light fixtures, fans, all
temperature control devices and all receptacles shall be located in an area between fifteen (15)
and forty-eight (48) inches above finished floor. The height will be determined by measuring
from the finished floor to the center of the device. When the control or receptacle placement is
prohibited by the height of the window or design feature, alternative locations may be approved
by the building official.
3. Electrical panel reouirements: Electrical panels shall be located so that the individual circuit
breakers are located between 15" and 54 "above the floor.
4. Sanitation facilities: There must be at least one bathroom containing a shower, water closet
(toilet) and lavatory (sink) and either a shower, bathtub, or combination bath/tub located on the
level of the dwelling to be accessed by a step-less entrance. The room must be designed in a
Ordinance No. ~~
Page 6
manner that will provide a minimum of thirty inches (30") by forty-eight inches (48") clear floor
space at the water closet and lavatory. The clear floor space shall not be obstructed by a
doorway swing; however, clear floor space at fixtures may overlap if sufficient maneuvering
space is provided within the room for a person using a wheelchair or other mobility aid to enter
and close the door, use the fixtures, reopen the door and exit. Doors may swing into the clear
floor space provided at any fixture if the maneuvering space is provided. Maneuvering space
may include any knee space or toe space available below bathroom fixtures.
Exception:
1. If public funds are not used and a proposed bathroom design shows a shower,
bathtub or combination tub/shower can be provided within the room or an adjoining
room than the shower or bathtub is not required.
2. The building official may waive this requirement based on the determination
that strict compliance is financially impractical.
5. Wall Reinforcement: A bathroom must be provided with wood blocking installed within wall
framing to support grab bars as needed. The wood blocking, when measured to the center, will
be located between thirty-three inches (33") and thirty-six inches (36") above the finished floor.
The wood blocking must be located in all walls adjacent to and behind a toilet, shower, or
bathtub.
6. Step-less Entrance: At least one building entrance must be designed, without encroaching into
any required parking space, that complies with the Iowa City Building Code standard for an
accessible entrance on an accessible route served by a ramp in accordance with section R311.8 or
a no-step entrance. The accessible route must extend from a vehicular drop-off, or parking to a
building entrance. The entry door must have a minimum net clear opening of thirty-two inches
(32").
Note: Iowa City code only requires one parking space for single family dwellings
Exceptions:
1. If public funds are used the step-less entrance must be provided.
2. The building official may waive this requirement based upon the determination that strict
compliance is financially or environmentally impractical. Split-level and townhouse style homes may
be exempted.
7. Garages: Must be wired for power operated overhead doors.
8. Decks: All exterior decks and patios surfaces adjacent to the level served by the designed
step-less entrance must be built within four inches (4") of the dwellings finish floor level or top of
threshold whichever is higher.
Y. Section R322 of the IRC. Delete section R322 of the IRC and insert in lieu thereof the following:
Section R322. See Title 14 Chapter 5J Flood Plain Management Standards in the City Code.
Z. Section R403.1.4.1 of the IRC. Modify by deleting all exceptions and inserting in lieu thereof the following:
Exceptions:
1. One story detached accessory buildings of wood or steel frame construction not used for human
occupancy and not exceeding one thousand (1,000) square feet in floor area may be constructed using slab on
grade construction as follows. The slab shall be three and one half inches thick, poured monolithically with
thickened perimeter footings extending twelve inches (12") below finish grade and be sixteen inches (16") wide
at the base. The top of the foundation shall not be less than six inches (6") above finish grade. Reinforcement of
the slab, including the thickened portion, shall be minimum 6x6-10/10 welded wire mesh, #4 deformed
reinforcing bars at twenty four inches (24") on center each way or fiber mesh reinforced concrete.
2. One-story wood or metal frame building not used for human occupancy and not over 200 square
feet in floor area may be constructed with walls supported on a wood foundation plate or "skids" when approved
by the building official.
3. Decks not supported by a dwelling need not be provided with footings that extend below the frost
line.
AA. Section R404.1.2 of the IRC. Modify Section R404.1.2 by adding a second paragraph as follows:
Wall thickness may be reduced to eight inches (8") if a minimum of three (3) one-half inch diameter
deformed ASTM A615 grade 40 steel bars are placed horizontally at the center of the wall thickness with one bar
located within 14" of the top, one bar within 14" of the bottom and one bar located within 14" of the mid-height of
the wall provided the wall height does not exceed eight feet (8').
Ordinance No. 09-4368
Page 7
BB. Section R404.1.3 of the IRC. Modify by adding an exception after number 2 as follows:
EXCEPTION: Foundation walls with unbalanced lateral forces created by finish grade, i.e. walkout
basements which are exempt from the Iowa Architectural Act shall be designed by a licensed structural engineer or
constructed in accordance with the table and diagrams as follows:
KEY: C.B. =Corner Bars
S =Span Wall ~, ~ '~
T =Thickness
--- ~
i , i
S I S ~'i
I M I
i o I i
Z~„ `~ ~ ICI
' CB
~.,3. ~ ; I c.8 I ~ '
----'..' ~ I L__-
r--
i '~ 8" & 12" Foundation Walls P
I Provide corner bars to match
~ horizontal foundation wall
I reinforcing into span wall 2'-0"
1
(S) Span (T- Wall Thickness Horiz. Reinf.' C
10' or less 8" #4 @ 12"
10' to 12' 8" #5 @ 12" 2'-6"
12' to 14' 8" #6 @ 12" 3'-0"
14' to 16' 12" #5 @ 12" 2'-6"
16' to 18' 12" #6 @ 14" 3'-0'
18' to 20' 12" #6 @ 12" 3'•0"
Notes: 1. Corner Bars are in addition to required horizontal reinforcing.
2. All reinforcing splices shall be lapped a minimum .of 24 diameters of the reinforcing used.
3. If tributary span is greater than 16'-0", the minimum dimension shall be 6'-0" I
(tributary span =one-half 1'/:) of two adjoining spans). I
i Frost Wall & Footin I
I
FOUNDATION PLAN:
LOWER LEVEL WALKOUT
5
1~,~~~1
- -~'
Provide corner bars to match I I I
horizontal foundation walll ( I
reinforcing into span wall 2'-0"' L I
I
orner Bar (CB-'•z I
I I
2'-0" I
Ordinance No. p9-4'i6fi
Page 8
2" Minimum Inside Face of
Wall to edge of reinforcing
T
See Schedule for
Horizontal Reinforcing
#4 Reinforcing Vertical
30" O.C. Typical
#4 Reinforcing Dow
Y
d.
.•
v ~ I ~.
. ~ } - . I
Ordinance No. pg_~,~tiR
Page 9
CC. Section 501.2 of the IBC. Modify by inserting the following after the second sentence:
From 100-199 feet from the street the number shall be a minimum of 6 inches high with a minimum
stroke of 0.5 inches. From 200-299 feet from the street the numbers shall be a minimum 8 inches high with a
minimum stroke of 0.5 inches. For each additional 100 feet from the street, the number shall increase by an
additional 2 inches in height. Measurements to determine the minimum number size shall be measured from the
approved address location to the center line of the street for which the premises is addressed.
DD. Section R612.2 of the IRC. Delete Section R612.2 of the IRC.
EE. Section R703.2 of the IRC. Modify by deleting the exception in its entirety.
FF. Section 709.1 of the IBC. Modify by adding an additional numbered sentence as follows:
6. Walls separating dwelling units from other occupancies in the same building.
GG. Section R807.1 of the IRC. Modify by adding a third paragraph as follows:
The opening shall not be located in a closet, bathroom, mechanical room, laundry room, or similar room or
location.
HH. Section 903.2.1.2 of the IBC. Delete section 903.2.1.2 and insert in lieu thereof the following:
903.2.1.2 Group A-2
A. New Group A-2 Occupancies. An automatic sprinkler system shall be provided if one of the following
conditions exist:
1) The fire area exceeds 5,000 square feet; or
2) The fire area has an occupant load of 100 or more; or
3) The fire area is located on a floor other than the level of exit discharge.
B. Existin Group A-2 Occupancies and Group B Occupancies that existed prior to August 1, 2007.
An automatic sprinkler system shall be provided throughout the A-2 occupancy if one of the following
conditions exists:
1) The A-2 occupancy has an occupant load of 299 or more and has an ABDL shall comply by
October 1, 2010.
Exemption: Single business occupancies in single story nonabutting buildings; or
2) The A-2 occupancy has an occupant load of 50-298 and is located on a floor other than the
level of exit discharge and has an ABDL shall comply by July 1, 2013; or
3) Group B Occupancies located on a floor other than the level of exit discharge and which
have an ABDL shall comply by July 1, 2013; or
4) Group A-2 Occupancies with an occupancy load of 100 or more that have an ABDL and are
not regulated in 61 or 62 above, provided:
There is a change in business ownership, defined as the sale, transfer, or assignment of any legal or
equitable ownership interest, except that the owner may show to the building official's satisfaction that said
change in ownership is one of form and not substance.
Exemption: Single business occupancies in single story non-abutting buildings.
II. Section 903.2.1.6 of the IBC. Add a new Section 903.2.1.6 as follows:
Section 903.2.1.6. An automatic sprinkler system shall be provided throughout buildings and portions
thereof used as new Group B occupancies with an ABDL or existing group B occupancy with a new (not a
renewal) ABDL located on a floor other than the level of exit discharge. The automatic sprinkler system shall be
provided throughout the floor area where the new Group B occupancy with an ABDL or where the group B
occupancy with a new ABDL is located, and in all floors between the Group B occupancy and the level of exit
discharge.
JJ. Section 903.2.2 of the IBC. Delete Section 903.2.2 of the IBC and replace with:
903.2.2 Group B ambulatory health care facilities. An automatic sprinkler system shall be installed
throughout all fire areas containing a Group B ambulatory health care facility occupancy.
KK. Section 903.3.5.3 of the IBC. Add a new Section 903.3.5.3 in the IBC to read as follows:
903.3.5.3 Water supply safety margin. Provide a minimum 10%, but not less than 5 psi, safety margin
above static pressure in the fire protection system hydraulic calculation.
LL. Section 903.4.2 of the IBC. Delete Section 903.4.2 of the IBC and replace with:
903.4.2. Alarms. An approved weatherproof horn/strobe device shall be mounted directly above the
fire department connection between seven (7) and ten (10) feet in height above grade. The water-flow alarm
device shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size
Ordinance No. 09-4368
Page 10
installed in the system. Approved and supervised audible visual notification appliances shall be installed on each
level of the interior of the building as required by the fire code official and NFPA 72.
MM. Section 903.6 of the IBC. Add a new Section 903.6 to the IBC to read as follows:
903.6 Zones. Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 or
NFPA 13R and shall provide a sprinkler control valve and water flow device for each normally occupied floor.
NN. Section 906.1 of the IBC. Delete the exception without substitution.
00. Section 906.3 of the IBC. Add a sentence to the end of the section to read as follows:
The minimum size and rating of any required portable fire extinguisher for Class A, Class B, or Class C
hazard shall be 51b. 2-A, 10-B C.
PP. Section 907.2 of the IBC. Delete the section and replace with:
907.2 Where required-new buildings and structures. An approved and addressable fire alarm system
installed in accordance with the provisions of this code and NFPA 72 shall be provided in new buildings and
structures in accordance with Sections 907.2.1 through 907.2.23 and provide occupant notification in accordance
with 907.6, unless other requirements are provided by another section of this code.
A minimum of one manual fire alarm box shall be provided in an approved location to initiate a fire alarm
signal for fire alarm systems employing automatic fire detectors or water-flow detection devices. Where other
sections of this code allow elimination of fire alarm boxes due to sprinklers, a single fire alarm box shall be
installed.
EXCEPTION:
1. The manual fire alarm box is not required for fire alarm systems dedicated to elevator recall control
and supervisory service.
QQ. Section 907.2.1 of the IBC. Delete the "exception" in Section 907.2.1 in its entirety and insert in lieu
thereof the following exceptions:
EXCEPTION:
1) Except for Group A-2 occupancies with occupant loads of 200 or more, manual fire alarm boxes
are not required where the building is equipped throughout with an automatic sprinkler system and the alarm
notification appliances will activate upon sprinkler water flow.
2) Group A-2. An automatic/manual fire alarm system shall be installed in Group A-2 occupancies
with and occupant load of 200 or more. Activation of the fire alarm shall additionally cause:
a. Illumination of the protected premises to not less than 10 foot-candles over the area of the
room at a height of 30 inches above the floor; and
b. All conflicting or confusing sounds and visual distraction to automatically stop.
RR. Section 907.2.3 of the IBC. Modify by adding a sentence to the end of the first paragraph as follows:
New and existing educational occupancies shall have a monitored fire alarm system.
SS. Section 907.2.3 of the IBC. Modify by adding a 4th exception as follows:
4. Day care occupancies classified as Group E Occupancy shall not require a monitored fire alarm
system unless required elsewhere in the code.
TT. Section 907.2.11.2 of the IBC. Modify by adding a fourth location requirement as follows:
4. Supervised smoke alarms shall be installed in all common corridors and at the top and bottom of all
stairway enclosures in Groups R-2, R-4 and I-1 occupancies. In corridors, detectors shall be located within
fifteen (15) feet of the end of the corridor and in such a way that one detector is located for each thirty (30) feet of
corridor length or spaced as allowed by the code.
UU. Section 907.4.2 of the IBC. Modify by adding a sentence to the end of the section to read as follows:
Where in the opinion of the code official manual fire alarm boxes may be used to cause false fire
alarms, the code official is authorized to modify the requirements for manual fire alarm boxes.
W. Section 907.6.3 of the IBC. Modify by deleting the exception and inserting in lieu thereof the following exception:
Exception: Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 and
shall provide a sprinkler control valve and waterflow device for each normally occupied floor.
WW. Section 907.6.3.3 of the IBC. Add a section to read as follows:
Section 907.6.3.3 Zone and address location labeling. Fire alarm and/or annunciator panels shall have all
zones and address points plainly and permanently labeled as to their location on the outside of the panel or on an
easily readable map of the building.
Ordinance No. 09-4368
Page 11
XX. Section 907.6.5 of the IBC. Modify Section 907.6.5 by adding two sentences to the end as follows:
Each address point identification, shall have an alpha/numeric descriptor location. Alpha/numeric
descriptor locations are required to be reported to the Emergency Communications Center upon activation of
supervisory and/or alarm conditions as specified by the fire code official.
YY. Section 910.1 of the IBC. Delete exception 2 without substitution.
ZZ. Section 910.3.2.2 of the IBC. Delete Section 910.3.2.2 and replace with:
910.3.2.2 Sprinklered buildings. Where installed in buildings provided with an approved automatic
sprinkler system, smoke and heat vents shall be designed to operate automatically by actuation of a heat-
responsive device rated at least 100 degrees F (38 degrees C) above the operating temperature of the sprinkler.
Exception: Gravity-operated drop-out vents complying with Section 910.3.2.1.
AAA. Section 910.4.3 of the IBC. Delete section 910.4.3 in its entirety and replace with:
910.4.3 Operation. Mechanical smoke exhaust fans shall be automatically activated by heat detectors
having operating characteristics equivalent to those described in Section 910.3.2. Individual manual controls for
each fan unit shall also be provided.
BBB. Section 912.6 of the IBC. Add a new section 912.6 to the IBC to read as follows:
912.6 Size. Minimum fire department connection size shall be 2'/2 inch National Standard Thread.
CCC. Section 912.7 of the IBC. Add a new section 912.7 to the IBC to read as follows:
912.7- Water supply. Fire department connections shall be located not more than 100 feet from a
hydrant and both the fire department connection and hydrant shall be located on the same side of the fire
department access or as approved by the fire code official. INSERT "wiggle room" language.
DDD. Section 1009.2 of the IBC. Modify by adding a third exception as follows:
EXCEPTION:
3. Stairs within individual dwelling units of Residential Group R occupancies that existed prior to
8/28/02 (adoption of the 2000 IRC) are permitted a 78-inch headroom clearance.
EEE. Section 1022.3 of the IBC. Modify Section 1022.3 by adding a fourth unnumbered paragraph as follows: Fire
door assemblies in exit enclosures of R-2 occupancies shall also be automatic closing by actuation of a
smoke detector.
FFF. Section 1028.2 of the IBC. Modify by deleting the exception and adding two new exceptions as follows:
EXCEPTION:
1) Except for Group A-2, in assembly occupancies where there is no welt-defined main exit or
where multiple main exits are provided, exits shall be permitted to be distributed around the perimeter of the
building provided that the total width of egress is not less than 100 percent of the required width.
2) The main entrance/exit of A-2 occupancies shall be of a width that accommodates not less than
two-thirds of the total occupant load.
GGG.. Section 1029.1 of the IBC. Modify by deleting the exceptions and inserting in lieu thereof the following:
EXCEPTIONS:
1. The emergency escape and rescue opening is permitted to open onto a balcony within an atrium
in accordance with the requirements of Section 404 provided the balcony provides access to an exit and the
dwelling unit or sleeping room has a means of egress that is not open to the atrium.
2. High-rise buildings in accordance with Section 403.
3. Emergency escape and rescue openings are not required from basements or sleeping rooms
that have an exit door or exit access door that opens directly into a public way or to a yard, court or exterior exit
balcony that opens to a public way.
HHH. Section 1029.1.1 of the IBC. Add a new Section 1029.1.1 in the IBC as follows:
1026.1.1 Location. The emergency escape and rescue opening in anon-habitable basement shall be
located a reasonable distance from the internal access point. This distance shall not be less than one-half (112)
of the distance from the bottom of the interior stairs to the most remote exterior wall.
Ordinance No. 09-4368
Page 12
III. Section 1029.3 of the IBC. Modify by adding an exception as follows:
EXCEPTION: For emergency escape and rescue openings required for the remodeling or finishing of
space in an existing basement, the maximum sill height may be measured from an elevated landing not less
than 36 inches wide, not less than 18 inches out from the interior finish of the exterior wall and not more than 24
inches in height. The landing shall be permanently affixed to the floor below and the wall under the window it
serves.
JJJ. Section 1029.4 of the IBC. Delete Section 1029.4 and insert in lieu thereof the following:
1029.4 Operational constraints. Emergency escape and rescue openings shall be operational from the
inside of the room without the use of keys, tools, special knowledge or effort. Bars, grilles, grates or similar
devices are permitted to be placed over emergency escape and rescue openings provided the minimum net
clear opening size complies with Section 1029.2 and such devices shall be releasable or removable from the
inside without the use of a key, tool or force greater than that which is required for normal operation of the
escape and rescue opening. Where such bars, grilles, grates or similar devices are installed in existing buildings,
smoke alarms shall be installed in accordance with Section 907.2.11 regardless of the valuation of the alteration.
KKK. Section 1029.6 of the IBC. Add a new Section 1029.6 to the IBC to read as follows:
Section 1026.6. Emergency escape windows under decks and porches. Emergency escape windows
are allowed to be installed under decks and porches provided the location of the deck allows the emergency
escape window to be fully opened and provides a path not less than 36 inches in height to a yard or court.
LLL. Chanter 11 of the IRC. Delete Chapter 11 in its entirety and insert in lieu thereof the following:
Chapter 11 Energy Efficiency, Section N1101. Energy efficiency for the design and construction of
building regulated by this code shall be as required by 661-303 of the Iowa State Administrative Code.
MMM. Chapter 11 of the IBC. Delete Chapter 11 in its entirety and insert in lieu thereof the following:
Chapter 11 Accessibility, Section 1101. Buildings or portions of buildings shall be accessible to persons
with disabilities as required by 661-302 of the Iowa State Administrative Code.
NNN. Section 1209.2 of the IBC. Modify by adding a second unnumbered paragraph as follows:
1209.2 Attic spaces. The opening shall be located in a corridor, hallway, or other readily accessible
location. The opening shall not be located in a closet, bathroom, mechanical room, laundry room, or similar room or
location. Attics with a maximum vertical height of less than thirty inches need not be provided with access openings.
000. Chapter 13 of the IBC. Delete Chapter 13 in its entirety and insert in lieu thereof the following:
Chapter 13 Energy Efficiency, Section 1301. Energy efficiency for the design and construction of
building regulated by this code shall be as required by 661-303 of the Iowa State Administrative Code.
PPP. Section 1403.5 and 1403.6 of the IBC. Delete Sections 1403.5 and 1403.6 of the IBC and insert in lieu
thereof the following:
Section 1403.5. See Title 14, Chapter 5, Article J Flood Plain Management Standards in the City Code.
QQQ. Section 1405.13.2 of the IBC. Delete Section 1405.13.2 of the IBC.
RRR. Section 1612 of the IBC. Delete Section 1612 of the IBC and insert in lieu thereof the following:
Section 1612. See Title 14, Chapter 5 Article J Flood Plain Management Standards in the City Code.
SSS. Section G2406 2 (303.3) Prohibited locations of the IRC. Modify by deleting exceptions 3 and 4.
TTT. Section G2415.1 (404.1) Prohibited locations of the IRC. Modify by deleting the last sentence.
UUU. Part VII Plumbing Chapters 25 through 33 inclusive of the IRC. Delete Part VII Plumbing Chapters 25
through 33 inclusive of the IRC and insert the following:
Part VII Plumbing, Chapter 25
Section P2501 GENERAL
P2501.1 Scope. Plumbing systems shall comply with Title 17, Chapter 2, of the Iowa City Code.
VW. Chapter 27 of the IBC. Delete Chapter 27 of the IBC and insert the following:
Chapter 27 Electrical
Section 2701.1 Scope. Electrical systems shall comply with Title 17, Chapter 3, of the Iowa City Code.
WWW. Chapter 29 of the IBC. Delete Chapter 29 of the IBC and insert the following:
Ordinance No. 09-4368
Page 13
Chapter 29 Plumbing Systems
Section 2901.1 Scope. Plumbing systems shall comply with Title 17, Chapter 2, of the Iowa City Code.
XXX. Section 3002.4 of the IBC. Delete Section 3002.4 of the IBC and insert in lieu thereof the following:
3002.4 Elevator car to accommodate ambulance stretcher.
In buildings four or more stories above, or four or more stories below, grade plane, at least one
elevator shall be provided for fire department emergency access to all floors. The elevator car shall be of such a
size and arrangement to accommodate an ambulance stretcher 23 inches by 84 inches (610 mm by 2134 mm)
with not less than 5-inch (127 mm) radius corners, in the horizontal, open position and shall be identified by the
international symbol for emergency medical services (star of life). The symbol shall not be less than 3 inches (76
mm) high and shall be placed inside on both sides of the hoistway door frame.
YYY. Part VIII Electrical Chapters 34 through 43 inclusive of the IRC. Delete Part VIII Electrical Chapters 34
through 43 inclusive of the IRC and insert the following:
Part Vlll Electrical, Chapter 34
Section E3301 GENERAL
E3401.1 Applicability. Electrical systems shall comply with Title 17, Chapter 3, of the Iowa City Code.
ZZZ. Section 3412.2 of the IBC. Delete the first sentence of Section 3412.2 and insert in lieu thereof the following:
3412.2 Applicability. Structures existing prior to effective date of this ordinance and in which there is
work involving additions, alterations or changes of occupancy shall be made to conform to the requirements of
this section or the provisions of Sections 3403 through 3409.
17-1-4: Penalties for violations: Violation of this chapter shall be a municipal infraction punishable by a
penalty as provided for in subsection 1-4-2D of the City Code.
SECTION III. EFFECTIVE DATE. This Ordinance shall be in effect January 1, 2010, after final passage,
approvesand publication as provided bylaw.
Pas and approy~d this 1st day of December _, 20~g._.
ATTEST: .~ i (G2~-~~ ~ I ~~
CITY CLERK
Approved by
City Attorney's Office
hisbdg/ord12009bldgcode amend/2009 IBC IRC visitability.doc
Ordinance No. 09-4368
Page 14
It was moved by Wi 1 burn and seconded by Champion that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x Correia
x Hayek
x O'Donnell
~_ Wilburn
x Wright
First Consideration 11 / 17 / 2009
Vote for passage: AYES: Champion, Hayek, O'Donnell, Wilburn, Wright, Bailey.
NAYS: None. ABSENT: Correia.
Second Consideration -------------
Vote for passage:
Date published 12 / 9 / 2009
Moved by Wilburn, seconded by Wright, that the rule requiring ordinances to be considered ar
voted on for passage at two Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and vote be waived and the ordinance
be voted upon for final passage at this time. AYES: Wright, Bailey, Champion, Correia,
Hayek, O'Donnell, Wilburn. NAYS: None. ABSENT: None.
Marian Karr
From: Patti Fields [pfields@unitedwayjc.org]
Sent: Tuesday, November 24, 2009 4:39 PM
To: Marian Karr
Subject: Livable Community Policy Board Letter of Support
Marian,
Please accept this email as a letter of support to the Iowa City City Council
Mayor Regenia Bailey and Iowa City Councilors:
On behalf of the Johnson County Livable Community For Successful Aging Policy Board, please accept
our support for any effort that creates policies to expand universal design features. It is truly our belief
that a Livable Community is one that provides affordable, appropriate, accessible housing.
As a Policy Board we urge the Iowa City Council to affirm and take action to increase the accessible and
visit-ability standards in the City Code.
Warmest Regards,
Patti Fields
Chair
Johnson County Livable Community for Successful Aging Policy Board
11 /24/2009
M-~
9
Prepared by: Tim Hennes & Bernie Osvald, HIS, 410 E. Washington St., Iowa City, IA 52240; 319-356-5122
ORDINANCE NO. 09-4369
AN ORDINANCE AMENDING TITLE 17, CHAPTER 2, BY ADOPTING THE UNIFORM
PLUMBING CODE, 2009 EDITION, AND PROVIDING FOR CERTAIN AMENDMENTS
THEREOF; TO PROVIDE FOR THE PROTECTION OF THE HEALTH, WELFARE AND SAFETY
OF THE CITIZENS OF IOWA CITY, IOWA.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. PURPOSE. The purpose of this ordinance is to adopt the 2009 Edition of the Uniform
Plumbing Code as published by the International Association of Plumbing and Mechanical Officials, and to
provide certain amendments thereof; to provide for the protection of the health, welfare, and safety of the
citizens of Iowa City, Iowa; and to provide for its enforcement.
SECTION II. Sections 17-2-1, 17-2-2, 17-2-3, 17-2-4, 17-2-5 and 17-2-6 of the Iowa City City Code are
hereby repealed and the following new Sections 17-2-1, 17-2-2, 17-2-3, 17-2-4, 17-2-5, 17-2-6 and 17-2-7
are enacted in lieu thereof.
17-2-1: Code Adopted: Subject to the following amendments, Chapters 1 through 16 of the 2009
edition of the Uniform Plumbing Code (UPC) is hereby adopted and shall be known as the Iowa City
Plumbing Code or the Plumbing Code. Interpretations of the Building Official may be guided by publications
of the International Association of Plumbing and Mechanical Officials, or the International Existing Building
Code.
17-2-2: Interpretations of the Plumbing Code Provisions: The provisions of this Code shall be held
to be the minimum requirements adopted for the protection of the health, safety and welfare of the citizens of
Iowa City. Any higher standards in the state statute or City ordinances shall be applicable.
17-2-3: AMENDMENTS TO CODE: The following sections of the 2009 edition of the Uniform Plumbing
Code are amended as follows:
Delete Section 101.5.6 in its entirety and insert in lieu thereof the following:
101.5.6 Moved Buildings. Plumbing systems which are part of buildings or structures moved within or
into this jurisdiction shall comply with the provisions of this Code for new installations except as provided
for in Section 103.5.5.2.
Delete Section 102.3.1 in its entirety and insert in lieu thereof the following:
102.3.1 Violations. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge,
alter, repair, move, improve, remove, convert, demolish, equip, use, or maintain any plumbing or permit
the same to be done in violation of this Code. Violation of any provision of this ordinance is a municipal
infraction.
Delete Section 102.3.2 in its entirety.
Delete Section 103.1.1 in its entirety and insert in lieu thereof the following:
103.1.1 Permits Required. It shall be unlawful for any person, firm or corporation to make any
installation, alteration, repair, replacement or remodel any plumbing system or fire sprinkler system
regulated by this Code except as permitted in Section 103.1.2, or to cause the same to be done without
first obtaining a separate plumbing permit for each separate building or structure.
Add Section 103.1.2.3
103.1.2.3 The replacement or removal and reinstallation of any fixture or appliance, provided, however,
that the fixture or appliance is installed at the same location and it is not necessary to remove, replace,
alter, or install any piping. Exemption from the permit requirements of this Code shall not be deemed to
grant authorization for any work to be done in violation of the provisions of the Code or any other laws or
ordinances of this jurisdiction.
103.1.3 Licensing
Delete Section 103.1.3 and insert in lieu thereof the following:
See Section 17-11 of the Iowa City Code of Ordinances .
Ordinance No. Q9~! ~9
Page No. 2
103.2 Application For Permit
Add Section 103.2.4 Qualifications of Permittee:
1. A permit may be issued to any person holding a valid master plumber license or to any plumbing
company which employs a duly licensed master plumber on a full-time basis.
2. A permit may be issued to the owner of an existing owner-occupied single-family dwelling, pursuant
to a valid certificate of occupancy and used exclusively for residential purposes, to do any work
regulated by this Article in connection with said dwelling and accessory buildings. The owner must
personally purchase all material and perform all labor in connection therewith. All work shall comply
with this Article.
3. A permit may be issued to the holder of a valid sewer and water service installer's license for the
installation of a building sewer and water service only.
4. A permit may be issued for the installation of gas piping to any person holding a valid gas pipe
installer's license or to any company which employs a duly licensed gas pipe installer.
5. A permit may be issued to the holder of a valid fire sprinkler installer's license for the installation of
fire sprinkler systems provided the licensee is employed by a fire sprinkler contractor with either at
least one NICET Level III certified person or an engineer licensed in the State of Iowa with
experience in fire protection sprinkler systems on staff.
Add Section 103.2.5 Insurance Required: Before a permit to perform plumbing work may be issued, the
applicant shall have on file with the Authority Having Jurisdiction a copy of a certificate of insurance
stating the liability amounts established by resolution of the City Council, and the City shall be named as
an additional insured. The policy shall also provide for at least thirty (30) calendar days' notice by the
insurer to the City of termination of the policy by the insured or insurer. Plumbing permits issued under
Subsection 103.2.4-2 shall be exempted from this insurance requirement.
103.4 Fees
Delete Sections 103.4.1 and 103.4.2 and add Section 103.4 as follows:
103.4 Fees: All applicants shall pay the proper permit and inspection fees as established by resolution of
the City Council.
103.4.4 Investigation Fees: Work Without a Permit.
Delete Section 103.4.4 in its entirety and insert in lieu thereof the following:
103.4.4 Work commencing before permit issuance: Any person who commences work on a
building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary
permits shall be subject to a fee equal to the amount of the permit if a permit were issued. This fee
shall be collected whether or not a permit is issued. The payment of such fee shall not exempt any
person from compliance with all other provisions of this Code or from any penalty prescribed by law.
Only the Building Official may reduce this fee when it is demonstrated that an emergency existed that
required the work to be done without a permit.
103.4.5 Fee Refunds.
Delete Section 103.4.5 in its entirety and insert in lieu thereof the following:
103.4.5 Refunds. The Building Official may authorize the refunding of any fee paid hereunder which
was erroneously paid or collected.
The Building Official shall not authorize the refunding of any fee paid except upon written application
filed by the original permittee within one hundred eighty (180) days from the date of fee payment.
103.9 Appeals
Add a new Section 103.9 appeals as follows:
See Section 77-12 Appeals.
Section 202.0
Section 202.0 is amended by adding the following definitions:
Fire Sprinkler Installer -any person licensed to install only fire sprinkler systems.
Gas pipe installer -any person licensed to install only the piping to distribute fuel gas from the gas meter
to the gas outlets.
Plumber, apprentice -any person who works under the supervision and guidance of a skilled journeyman
or contractor for the purpose of learning the plumbing trade.
Plumber, inactive -any licensed plumber who is not currently employed nor actively participating in the
plumbing trade.
Ordinance No. 09-4369
Page No. 3
Plumber, journeyman -any properly licensed person who is allowed to install plumbing only under the
employ of a master plumber.
Plumber, master -any properly licensed person who undertakes or offers to undertake, plan for, lay out,
supervise or perform plumbing work with or without compensation.
Sewer and water service installer -any person licensed to install only the building sewer and that portion
of the building drain from outside the building wall to just inside the building wall and the water service from
the water main to the building water meter.
Section 412.0
Delete Section 412.1 and Table 4-1 in its entirety and insert in lieu thereof the following:
412.1 Every building intended for human occupancy shall be provided with sanitary facilities as required
by this Section and Table 4-1. The occupant load used to determine the minimum number of sanitary
fixtures shall be the occupant load established by the 2009 International Building Code in Section 1004 and
Table 1004.1.1. The established occupant load shall be assumed to be one-half ('/z) male and one-half ('/z)
female unless sufficient evidence to the contrary is supplied to the Authority Having Jurisdiction.
Exception: When toilet facilities are provided for employees only, the occupant load shall be the actual
number of employees on the largest shift.
Delete Section 412.3 in its entirety and insert in lieu thereof the following:
412.3 Separate Facilities
Separate toilet facilities shall be provided for each sex.
Exceptions:
(1) Residential installations.
(2) Buildings with the total occupant load of less than sixteen (16) may provide the required fixtures in a
unisex restroom. Urinals need not be provided in unisex restrooms. Buildings with an occupant load of
sixteen (16) or more shall provide separate facilities for each sex.
(3) In business and mercantile occupancies with a total floor area of three thousand (3,000) square feet or
less, one toilet facility, designed for use by no more than one (1) person at a time, shall satisfy the
requirements for serving customers and employees of both sexes.
Ordinance No. ~3bg
Page No. 4
Tnhl., A ~ ~
Fixtures Per Person'
Type of Building2 Water Closets/Urinals9 Lavatories Bathtubs Drinking3
or Occupancy or Fountains
Showers
Male Female Male Female
For employee or staff use in all 1:1-15 1:1-15 1 for each 2 water closets 1:30-150
occupancies except industrial 2:16-35 2:16-35 or urinals And one for
warehouses, workshops, facto- 3:36-55 3:36-55 each
ries, foundries and similar es- additional
tablishments. 300 persons
Over 55, add 1 fixture for each
additional 40 persons.
For employee or staff use in in- 1:1-10 1:1-10 1 for each 2 water closets 1 per 150
dustrial warehouses, work- 2:11-25 2:11-25 or urinals
shops, factories, foundries and 3:26-50 3:26-50
similar establishments. 4:51-75 4:51-75
5:76-100 5:76-100
Over 100, add 1 fixture for each
additional 30 persons
For public use within 1:1-30 1:1-15 1:1-75 1:1-30
Assembly places, i.e. 2:31-75 2:16-30 2:76-200 2:31-100 1: 1-150
theaters, auditoriums, etc. 3:76-125 3:31-50 3:201-400 3:101-200
4:126-200 4:51-100 4:201-300 2: 151-400
5:201-300 5:101-150 5:301-400 3: 401-750
6:301-400 6:151-200
7:201-250 and one
8:251-300 additional
9:301-350 fixture for
10:351-400 each
additional
500 persons
Over 400, add Over 400, add Over 400, add 1 fixture per
1 fixture for 1 fixture for 400 persons
each 200 each 125 fe-
males males
Dormitories -school or labor 1 per 10 1 per 8 1 per 12 1 per 12 1 per 8 1 per 150
Add 1 fixture Add 1 fixture Over 12, Over 12, Over 150,
for each 25 for each 20 add 1 per add 1 for add 1 per
males over 10 females over 8 each 20 each 20 20
males females
Hospitals
Individual room 1 per room 1 per room 1 per room
Ward room 1 per 8 beds 1 per 10 beds 1 per 20
beds
Institutional -other than hos- 1 per 25 1 per 20 1 per 10 1 per 10 1 per 8 1 per 150
pitals or penal institutions
Ordinance No. 09-4369
Page No. 5
Office or public buildings
For public use within office or 1:1-50 1:1-15 1 for each 2 water closets 1 for 7- 150
and one for
public buildings10 2:51-100 2:16-35 or urinals each 300
3:101-150 3:36-55 additional
4:151-200 4:55-100 persons
5:201-400 5:101-150
6:151-200
7:201-250
8:251-300
9:300-350
10:351-400
Over 400, add one fixture for
each additional 500 males and
one for each 150 females
For employees or staff in office 1:1-15 1:1-15 1 for each 2 1:30-150
or public building 2:16-35 water And one for
3:36-55 closets or
each
2:16-35 urinals additional
3:36-55 300 persons
Wholesale and retail stores 1:1-250 1:1-250 1 for each 2 water closets 1 for each
2:250-500 2:250-400 or urinals pair of
restroom
3:501-750 3:401-600 facilities
4:751-1,000 4:601-800
5:801-1,000
Over 1,000 Over 1,000
add 1 fixture add 1 fixture
for each addi- for each addi-
tional 500 tional 400 fe-
males males
Restaurantse which do not 1:1-50 1:1-50 1 for each 2 water closets
serve alcohol 2:51-100 2:51-100 or urinals
3:101-175 3:101-175
4:176-300 4:176-300
Over 300, add 1 fixture per 200
additional persons
Restaurants8 which serve 1:1-30 1:1-30 1 for each 2 water closets
alcohol, pubs and lounges 2:31-60 2:31-60 or urinals
3:61-100 3:61-100
4:101-150 4:101-130
5:151-200 5:131-160
6:201-275 6:161-200
7:276-400 7:201-300
8:301-400
Over 400, add Over 400, add
1 fixture for 1 fixture for
each 175 each 150 fe-
males males
Ordinance No. 09-4369
Page No. 6
Schools -for student use:
Nursery
1:1-20 1:1-20
1:1-25 1:1-25
1 per 150
2:21-50 2:21-50 2:26-50 2:26-50
Over 50, add 1 fixture for each Over 50, add 1 fixture each
additional 50 persons additional 50 persons
Elementary 1 per 25 1 per 25 1 per 35 1 per 35 1 per 150
Secondary 1 per 30 1 per 30 1 per 40 1 per 40 1 per 150
Others (colleges, universities, 1 per 30 1 per 30 1 per 40 1 per 40 1 per 150
etc. )
Worship places:
Educational and activities unit 1 per 125 1 per 125 1 for each 2 water closets 1 per 150
or urinals And one for
each
additional
300 persons
Principal assembly place 1 per 150 1 per 150 1 for each 2 water closets 1 per 150
or urinals And one for
each
additional
300 persons
Dwellings:a's
Single-family 1 per dwelling 1 per water closet 1 per dwell-
ing
Multi-family 1 per dwelling unit 1 per water closet 1 per dwell-
ing unit
Penal institutions:
Cell 1 per cell 1 per cell 1 per floor
Exercise room 1 per exercise room 1 per room 1 per room
Notes to Table 4-1:
1. Interpretation of Figures: The figures shown are based upon one fixture being the minimum required for
the number of persons indicated.
2. Building Categories: Building categories not shown on this Table shall be considered separately by the
Authority Having Jurisdiction.
3. Drinking Fountains Required: There shall be a minimum of one (1) drinking fountain per occupied floor
in schools, theaters, auditoriums, dormitories, offices or public buildings. Where breakroom sinks or
water dispensers or coolers are accessible a required drinking fountain may be eliminated. A drinking
fountain shall not be required in occupancies of 30 or less.
Drinking Fountains Prohibited: Drinking fountains shall not be installed in toilet rooms.
4. Laundry Facilities: One automatic washer standpipe for each dwelling unit for single-family or duplex.
For multi-family apartment buildings, one standpipe for each ten (10) apartments or fraction thereof.
5. Kitchen Sinks: One (1) for each dwelling unit.
6. Washbasins: Twenty-four (24) lineal inches (609mm) of wash sink or eighteen (18) inches (456mm) of
a circular basin shall be considered equivalent to one lavatory when provided with water outlets for such
space.
Ordinance No. ~r~3~,9
Page No. 7
7. General Provisions: In applying this schedule of facilities, consideration must be given to the
accessibility of the fixtures. Purely numeric conformity may not result in an installation suited to the need
of the individual establishment. For example: Schools should be provided with toilet facilities on each
floor having classrooms and in temporary working facilities, one water closet for each thirty (30)
persons.
8. Restaurants: A restaurant is defined as a business which sells food to be consumed on the premises.
Employee toilet facilities are not to be included in the above restaurant requirements. Hand washing
facilities must be available in the kitchen for employees.
9. Whenever urinals are provided, the total number of fixtures required may be a combination of water
closets and urinals. The number of water closets in such cases shall not be reduced to less than one-
third (1/3) of the total number required.
10. For smaller-type Public and Professional Offices such as banks, dental offices, law offices, real estate
offices, and similar uses. A public area in these offices shall use the requirements for Retail or
Wholesale Stores.
Section 603.2.3. is deleted
Delete Section 604.2 in its entirety and insert in lieu thereof the following
604.2 Copper tube for water piping shall have a weight of not less than Type M copper tubing.
Exception: Copper tube for underground water piping shall have a weight of not less than Type K copper
tubing.
Delete Section 605.2 in its entirety and insert in lieu thereof the following:
605.2 Independent fullway valves shall be installed on the supply and discharge sides of each water meter.
Water piping supplying more than one building on any one premises shall be supplied with separate
fullway valves to each building. Such shutoff valves shall be accessible at all times. A fullway valve shall
be installed on the discharge piping from water supply tanks at or near the tank. A fullway valve shall be
installed on the cold water supply pipe to each water heater at or near the water heater.
Delete Section 701.1.4 in its entirety and insert in lieu thereof the following:
701.1.4 Copper tube for underground drainage and vent piping shall have a weight of not less than that
of copper tube Type L.
Add New Section 701.1.5 as follows:
701.1.5 Copper tube for aboveground drainage and vent piping shall have a weight of not less than
that of copper tubing Type M.
Exception: Type DWV may be used in one and two-family dwellings.
Section 703.1
Delete Section 703.1 in its entirety and insert in lieu thereof the following:
703.1 The minimum sizes of vertical and/or horizontal drainage piping shall be determined from
the total of all fixture units connected thereto, and additionally, in the case of vertical drainage pipes,
in accordance with their length. There shall be at least one four (4)-inch (100mm) drain pipe from the
sewer to the main drainage stack and no underground drainage piping shall be less than two (2) inches
(50mm) in diameter.
Section 710:1
Delete Section 710.1 in its entirety and insert in lieu thereof the following:
710.1 Drainage piping serving fixtures, the flood level rims of which are located below the elevation of
the curb or property line at the point where the building sewer crosses under the curb or property line
and above the crown level of the main sewer, shall drain by gravity into the main sewer and shall be
protected from backflow of sewage by installing an approved type backwater valve, and each such
backwater valve shall be installed only in that branch or section of the drainage system which receives
the discharge from fixtures located below the elevation of the curb or property line. The requirements of
this subsection shall apply only when it is determined necessary by the Authority Having Jurisdiction or
the engineers of the governing body, based on local conditions.
Section 717.0
Section 717.0 is amended by adding the following sentence to the end of the section:
The minimum size of any building sewer shall be four (4) inches (100mm).
Ordinance No. 09-4 69
Page No. 8
Section 807.4
Delete Section 807.4 in its entirety and insert in lieu thereof the following:
807.4 No domestic dishwashing machine shall be directly connected to a drainage system or food waste
disposer unless an approved dishwasher air gap fitting is installed on the discharge side of the dishwashing
machine or the discharge line of the dishwasher is looped as high as possible near the flood level of the
kitchen sink. Listed air gaps shall be installed with the flood level (FL) marking at or above the flood level of
the sink or drain board, whichever is higher.
Delete Sections 903.2.1 and 903.2.2 in their entirety and insert in lieu thereof the following:
903.2.1 Copper tube for underground vent piping shall have a weight of not less than that of copper tube
Type L.
903.2.2 Copper tube for aboveground vent piping shall have a weight of not less than that of copper tube
Type M.
Exception: Type DWV may be used in one and two-family dwellings.
Section 904.1
Section 904.1 is amended by adding the following sentences to the end of the paragraph:
Each building shall have a vent stack or stack vent equal in size or larger than the required building
sewer that shall extend through the roof undiminished in size. In residential buildings of four (4) stories
or less, athree-inch vent stack or stack vent shall be permitted. Residential buildings shall include
hotels and motels.
Section 905.7
New Section 905.7 is added to read as follows:
905.7 In all new residential construction with a .basement, at least one two-inch (2") dry vent shall be
available in the basement.
Delete Section 906.7 in its entirety and insert in lieu thereof the following:
906.7 Frost or Snow Closure. Vent terminals shall be a minimum of three (3) inches (80 mm) in
diameter but in no case smaller than the required vent pipe. The change in diameter shall be made at least
one (1) foot (305 mm) below the roof in an insulated space and terminate not less than one (1) foot (305
mm) above the roof.
Delete Table 10-1 in its entirety and insert in lieu thereof the following:
TABLE 10-1
Horizontal Distance of Trap Arms
(Except for water closet
and similar fixtures)`
Distance
Trap Arm Trap to Vent
(Inches) (Feet)
1'/4 ............................................. ................................... 5
1'/z ............................................. ................................... 6
2 ................................................ ................................... 8
3 ................................................ ................................. 12
4 and larger .............................. ................................. 12
Slope shall be one-quarter inch ('/d') per foot.
'The developed length between the trap of a water closet or similar fixture (measured from the top of
closet ring to inner edge of vent) and its vent shall not exceed six feet (6').
Section 1205.3
Delete Section 1205.3 in its entirety and insert in lieu thereof the following:
Ordinance No. 09-4369
Page No. 9
1205.3 It shall be unlawful for any serving gas supplier, or person furnishing gas, to turn on, or install any
fuel gas or any gas meter or meters unless the valve is turned off and securely locked, until
inspected and released by the Authority Having Jurisdiction.
Section 1211.3.2 is amended by adding the following to the end of the section:
(5) Fittings for CSST systems shall not be installed in concealed locations.
17-2-4: Cross Connection Control -Provisions.
1. Definitions. The following definitions shall apply only to this Section For the purpose of this
Section, these definitions supersede definitions given elsewhere in this Code.
a. Approved backflow prevention assembly for containment. A backflow prevention assembly listed by
the University of Southern California -Foundation for Cross Connection Control and Hydraulic Research as
having met the requirements of ANSI-AWWA Standard C510-89, Double Check Valve Backflow-Prevention
Assemblies or ANSI-AWWA Standard C511-89, Reduced-Pressure Principle Backflow-Prevention
Assemblies, all as amended, for containment. The listing shall include the limitations of use based on the
degree of hazard. The backflow prevention assembly must also be listed by the International Association of
Plumbing and Mechanical Officials.
b. Approved backflow prevention assembly for containment in a fire protection system. A backflow
prevention assembly to be used in a fire protection system which meets the requirements of Factory Mutual
Research Corporation (FM) and Underwriters Laboratory (UL), in addition to the requirements of paragraph
1(a).
c. Auxiliary water supply. Any water supply on or available to the premises other than the approved
water provider of public water such as, but not limited to, a private well, pond or river.
d. Containment. A method of backflow prevention which requires the installation of a backflow
prevention assembly at the water service entrance.
e. Cross connection. Any connection or arrangement between a potable water supply system and any
plumbing fixture or tank, receptacle, equipment or device, through which it may be possible for nonpotable,
used, unclean, polluted and contaminated water or other substance to enter into any part of such potable
water system under any condition.
f. Customer. The owner, operator or occupant of a building or a property or of a private water system
which has a water service from a public water system.
g. Degree of hazard. The rating of a cross connection or water service which indicates the potential to
cause contamination or pollution.
h. Double check valve backflow prevention assembly. A backflow prevention device consisting of two
(2) independently acting, internally loaded check valves, four (4) properly located test plugs and two (2)
isolation valves. (Backflow prevention assembly used for low hazard.)
i. High hazard cross connection. Across connection which may impair the quality of the potable water
by creating an actual hazard to public health through poisoning or through contamination with sewage,
industrial fluids or waste.
j. Isolation. A method of backflow prevention in which a backflow prevention assembly is located at the
cross connection rather than at the water service entrance.
k. Low hazard cross connection. Across connection which may impair the quality of potable water to a
degree which does not create a hazard to public health but which does adversely and unreasonably affect
the aesthetic qualities of such potable water for domestic use.
I. Reduced pressure principle backflow prevention assembly. A backflow prevention device consisting
of two (2) independently-acting, internally-loaded check valves, a differential pressure relief valve, four (4)
properly located test plugs and two (2) isolation valves. (Backflow prevention assembly used for high
hazard. )
m. Registered backflow prevention assembly technician. A person registered with the Iowa State Health
Department or its successor agency to test or repair backflow prevention assemblies and to report on the
condition of those assemblies.
n. Thermal expansion. Volumetric increase of water due to heating resulting in increased pressure in a
closed system.
o. Water service. Depending on the context, water service is the physical connection between a public
water system and a customer's building, property or private water system or the act of providing potable
water to a customer.
2. Authority Having Jurisdiction.
a. For the purposes of 17-2-3 only, the Authority Having Jurisdiction is the City Council acting through
such persons or agencies the City Council shall designate.
Ordinance No. 09-4369
Page No. 10
b. The Authority Having Jurisdiction shall have the right to enter any property to inspect for possible
cross connection, upon consent of the customer or upon a search warrant issued by a court of appropriate
jurisdiction.
c. The Authority Having Jurisdiction may collect fees for the administration of this program. Fees shall
be established by resolution of the City Council.
d. The Authority Having Jurisdiction shall maintain records of cross connection hazard surveys and of
the installation, testing and repair of all backflow prevention assemblies installed in this City.
3. New water services.
a. Plans shall be submitted by the contractor to the Authority Having Jurisdiction for review of all new
water services to determine the degree of hazard before a permit is issued.
b. The Authority Having Jurisdiction shall determine the type of backflow prevention assembly required
for containment based on the degree of hazard.
c. The Authority Having Jurisdiction shall require the installation of the appropriate backflow prevention
assembly for containment before the initiation of water service.
4. Existing water services.
a. Upgrades of existing water services shall be treated as new water services for the purpose of 17-2-3.
b. The Authority Having Jurisdiction shall publish and make available to each customer a copy of
standards used to determine the degree of hazard.
c. After publication of the standards, the Authority Having Jurisdiction shall give written notice of the
provisions of this Section to customers whose premises are classified as single-family residential.
d. Customers whose premises are not regulated by the IRC shall be notified that an on-premise
survey will be conducted by the Authority Having Jurisdiction to determine the type and degree of any
hazards to the potable water system.
e. The Authority Having Jurisdiction shall determine the type of backflow prevention assembly required
for containment based on the degree of hazard, as determined from information received from customers or
gathered through on-premises investigations or surveys.
f. Within the time frame specified, in writing, by the Authority Having Jurisdiction, the customer shall
install a backflow prevention assembly for isolation and containment as required by the Authority Having
Jurisdiction.
g. For existing water services, the Authority Having Jurisdiction may inspect the premises to determine
the degree of hazard. When high hazard cross connections are found, the administrative authority shall, at
its sole discretion: 1) develop a schedule of compliance which the customer shall follow or 2) terminate the
water service until a backflow prevention assembly for containment required by the Authority Having
Jurisdiction has been installed.
h. Failure of the Authority Having Jurisdiction to notify a customer that said customer is believed to have
a high hazard cross connection and that said customer shall install backflow prevention assemblies for
containment in no way relieves a customer of the responsibility to comply with all requirements of this
Section.
5. Customer.
a. The customer shall be responsible for ensuring that no cross connections exist without approved
backflow protection within the customer's premises starting at the point of service from the public potable
water system.
b. The customer shall, at the customer's own expense, cause installation, operation, testing and
maintenance of the backflow prevention assemblies required by the Authority Having Jurisdiction.
c. The customer shall ensure the Authority Having Jurisdiction is provided with copies of records of the
installation and of all tests and repairs made to the backflow prevention assembly on the approved form
within fifteen (15) calendar days after testing and/or repairs are completed.
d. If a backflow incident occurs, the customer shall immediately notify the City of Iowa City Water
Division, the City of Iowa City Backflow Prevention Coordinator, and/or the City of Iowa City Plumbing
Inspector and take steps to confine the contamination or pollution.
6. Required backflow prevention assemblies for containment -water services.
a. A water service having one or more cross connections which the Authority Having Jurisdiction
classifies as high hazard shall have an approved air gap or an approved reduced pressure principle
backflow prevention assembly. '
b. Water services having no high hazard cross connections but having one or more cross connections
which the Authority Having Jurisdiction has classified as low hazard shall have an approved double check
valve assembly.
Ordinance No. 09-4369
Page No. 11
7. Required backflow prevention assemblies for containment -fire protection systems.
a. A reduced pressure principle backflow prevention assembly shall be installed on all new and existing
fire protection systems which the Authority Having Jurisdiction determines to have any of the following:
1. Direct connections from public water mains with an auxiliary water supply on the premises or available
to the premises for pumper connection.
2. Interconnections with auxiliary water supplies, such as reservoirs, rivers, ponds, wells, mills or other
industrial water systems.
3. Antifreezes or other additives in the fire protection system.
4. Combined industrial and fire protection systems supplied solely from the public water mains, with or
without gravity storage or pump suction tanks.
5. Any other facility, connection or condition which may cause contamination.
b. All other fire protection systems shall have a double check valve assembly. The double check valve
shall be required on all new systems at the time of installation and on existing systems when they are
upgraded.
8. Backflow prevention assembly technicians.
a. Any person who tests or repairs backflow prevention assemblies shall be registered by the Iowa
State Health Department or its successor agency.
b. A backflow prevention assembly technician registered by the State shall include the technician's
registration number on all correspondence and forms required by or associated with this Section.
9. Installation of backflow prevention assemblies.
a. All backflow prevention assemblies shall be installed so that they are accessible for testing as stated
in Section 603.1 of 2009 UPC.
b. The required backflow prevention assemblies for containment shall be installed in horizontal
plumbing immediately following the meter or as close to that location as deemed practical by the
administrative authority. In any case, it shall be located upstream from any branch piping. Installation at this
point does not eliminate the responsibility of the customer to protect the water supply system from
contamination or pollution between the backflow prevention assembly and the water main.
c. If interruption of water service during testing and repair of backflow prevention assemblies for
containment is unacceptable to the customer, two (2) backflow prevention assemblies, sized to handle the
temporary water flow need during the time of test or repair, should be installed in parallel piping.
d. All newly installed shut-off valves shall conform to the requirements for either ball or resilient seat
gate valves published in the current edition of the Manual of Cross-Connection Control (University of
Southern California), as amended. Ball valves shall be used on assemblies installed in piping two inches
(2") and smaller, and resilient seat gate valves shall be used on assemblies installed in piping larger than
two inches (2").
10. Testing of backflow prevention assemblies.
a. Backflow prevention assemblies shall be tested by a registered backflow prevention assembly
technician, and the costs of tests required by this Section shall be paid by the customer.
b. Backflow prevention assemblies shall be tested upon installation and shall be tested and inspected
at least annually thereafter.
c. Backflow prevention assemblies which are in-place but which have been out of operation for more
than three (3) months shall be tested before operation resumes. Backflow prevention assemblies used in
seasonal applications shall be tested before operation resumes each season.
d. Any backflow prevention assembly which fails a periodic test shall be repaired or replaced. When
water service has been terminated for noncompliance, the backflow prevention assembly shall be repaired
or replaced prior to the resumption of water service. Backflow prevention assemblies shall be retested by a
registered backflow prevention assembly technician after repair or replacement.
e. The registered backflow prevention assembly technician shall report the assembly within fifteen (15)
calendar days of the test to the customer and to the Authority Having Jurisdiction on the form provided by
the Authority Having Jurisdiction.
f. The Authority Having Jurisdiction may require, at its own cost, additional tests of individual backflow
prevention assemblies as it shall deem necessary to verify test procedures and results.
11. Repair of backflow prevention assemblies.
a. All repairs to backflow prevention assemblies shall be performed by registered backflow prevention
assembly technicians.
b. The registered backflow prevention assembly technician shall not change or modify the design, material
or operational characteristics of a backflow prevention assembly during repair or maintenance and shall use
only original manufacturer replacement parts.
Ordinance No. 09-4369
Page No. 12
c. The registered backflow prevention assembly technician shall report the repair of a backflow prevention
assembly within fifteen (15) calendar days of the repair to the customer and to the Authority Having
Jurisdiction on the form provided by the Authority Having Jurisdiction. The report shall include the list of
materials or replacement parts used and shall summarize the work performed.
12. Customer noncompliance. Water service may be discontinued if a customer fails to comply with Section
17-2-3. Noncompliance includes, but is not limited to, the following:
a. A customer's refusal to grant access to the property for the purpose of performing inspections
required by this Section.
b. Removal of a backflow prevention assembly which has been required by the Authority Having
Jurisdiction.
c. Bypassing a backflow prevention assembly which has been required by the Authority Having
Jurisdiction.
d. Providing inadequate backflow prevention when cross connections exist.
e. Failure to' install, test and/or properly repair a backflow prevention assembly which has been
required by the Authority Having Jurisdiction.
f. Failure to comply with the requirements of this Section.
g. Deliberate falsification of documentation concerning the backflow prevention assemblies or possible
cross connections.
13. Backflow Testing Equipment shall be calibrated by the manufacturer or certified gage calibration
company every two years or sooner if recommended by the manufacturer.
17-2-5: GARAGE FLOOR DRAINS:
Garages and other structures for the housing, sale, repair or for commercial washing of automobiles,
which connect with the sewer, shall be provided with a proper means for draining the floors and repair pits
so that no drainage therefrom shall flow over any street, alley, sidewalk or pavement approach. Such drains
shall be constructed with a device for catching sand, silt or other solids and shall have a seal depth of not
less than six inches (6") above the sand receiver. The drain outlet shall not be smaller than afour-inch (4")
connection. All materials used for vents and waste lines shall conform with the other provisions of this Code.
The trap shall be constructed of cast iron, cement or hard burned brick laid in cement mortar with an
accessible iron cover. Any place of business where gasoline, benzine, naphtha or other inflammable
solutions or compounds are used or kept shall be provided with special drains in the same manner as those
required for garages. Such drains and traps must be approved by the Administrative Authority. Exception:
In garages regulated by the Building Code the trap may be constructed with other watertight materials and
the drain may be piped with two (2) inch PVC as approved by the Authority Having Jurisdiction.
17-2-6: CONNECTIONS TO THE PUBLIC SANITARY SEWER:
A. The junction pieces, slants or wyes built into the sanitary sewer during construction must be used for
connecting all private sewers or house drains unless special permission to use other means is endorsed
on the permit. Before making a connection to the public sewer, the plumber shall excavate and clear a
trench at the point of connection. The actual connection with said junction piece, slant or wye must be
made in the presence of the Authority Having Jurisdiction. The cover on the wye branch on the sewer
should be carefully removed to prevent injury to the socket.
B. If there is no junction piece, slant or wyes already in the sewer, the Wastewater Superintendent shall be
notified that a tap will be necessary. The excavation shall be properly prepared by the plumber and the
sewer main completely uncovered. A City crew will inspect the tap made by the contractor or make the
tap and install a sewer saddle for the plumber.
C. In all cases, the excavation showing the connections shall be kept open by the plumber until the
excavation has been inspected by the City.
Ordinance No. 09-4369
Page No. 13
17-2-7: Penalties for Violations: Violations of this chapter shall be a municipal infraction punishable by a
penalty as provided for in subsection 1-4-2D of the City Code.
SECTION III. EFFECTIVE DATE. This Ordinance shall be in effect January 1,2010.
Pas and approv d thi lst day of December , 2009
MA
ATTEST: !" 7
CITY RK
Approved by:
City Attorney's Office
hisblg/ord/2009 code amendmentsl2009 plumbing code.doc
Ordinance No. 09-4369
Page 14
It was moved by Wilburn and seconded by
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x Correia
~_ Hayek
x O'Donnell
x Wilburn
_~ Wright
Champion that the Ordinance
First Consideration 11 / 17 / 2009
Vote for passage: AYES: Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion.
NAYS: None. ABSENT: Correia.
Second Consideration ---------------
Vote for passage:
Date published 12/9/2009
Moved by Wilburn, seconded by Wright, that the rule requiring ordinances to be considered
and voted on for passage at two Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and vote be waived and the ordinance
be voted upon for final passage at this time. AYES: Wright, Bailey, Champion, Correia,
Hayek, O'Donnell, Wilburn. NAYS: None. ABSENT: None.
N'~:~
`' 10
Prepared by: Tim Hennes and Ryan Olson, 410 E. Washington St., Iowa City, IA 52240; 319-356-5122
ORDINANCE NO. 09-4370
AN ORDINANCE AMENDING TITLE 17, CHAPTER 4, MECHANICAL CODE, BY ADOPTING THE
INTERNATIONAL MECHANICAL CODE, 2009 EDITION, PUBLISHED BY THE INTERNATIONAL CODE
COUNCIL, AND PROVIDING FOR CERTAIN AMENDMENTS THEREOF; TO PROVIDE FOR THE
PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. PURPOSE. The purpose of this ordinance is to adopt the 2009 Edition of the International
Mechanical Code as published by the International Code Council; and to provide for certain amendments
thereof; to provide for the protection of the health, welfare and safety of the citizens of Iowa City, Iowa, and
to provide for its enforcement.
SECTION II. Sections 17-4-1, 17-4-2, 17-4-3 and 17-4-4 of the Iowa City City Code are hereby repealed
and the following new Sections 17-4-1, 17-4-2, 17-4-3 and 17-4-4 are enacted in lieu thereof.
17-4-1: Code adopted: Subject to the following amendments, the 2009 Edition of the International
Mechanical Code (IMC) is hereby adopted and shall be known as the Iowa City Mechanical Code or the
Mechanical Code. Interpretations of the Building Official may be guided by publications of the International
Code Council, Inc., or the International Existing Building Code.
17-4-2: Interpretation of Mechanical Code Provisions: The provisions of this Code shall be held to
be the minimum requirements adopted for the protection of the health, safety and welfare of the citizens of
Iowa City. Any higher standards in the state statute or City ordinance shall be applicable.
17-4-3: Amendments to Code: The following sections of the 2009 edition of the International
Mechanical Code are amended as follows:
A. Modify entire code to replace "ICC Electrical Code" with "National Electric Code" and replace
"International Plumbing Code" with "Uniform Plumbing Code".
B. Section 101.1. Insert: "Iowa City".
C. Section 106.5.1. Delete Section 106.5.1and insert in lieu thereof the following:
Section 106.5.1 Work commencing before permit issuance: Any person who commences work on
a building, structure, electrical, gas, mechanical or plumbing system before obtaining the
necessary permits shall be subject to a fee equal to the amount of the permit if a permit were
issued. This fee shall be collected whether or not a permit is issued. The payment of such fee
shall not exempt any person from compliance with all other provisions of this Code or from any
penalty prescribed by law.
Only the Building Official may reduce this fee when it is demonstrated that an emergency existed
that required the work to be done without a permit.
D. Section 106.5.2.. Delete Sections 106.5.2 and insert in lieu thereof the following:
106.5.2 Permit Fees. The fee for each permit shall be as set forth in the mechanical permit fee
schedule as established by resolution of the City Council.
E. Section 106.5.3. Delete Section 106.5.3 and insert in lieu thereof the following:
106.5.3 Refunds. The Building Official may authorize the refunding of any fee paid hereunder which was
erroneously paid or collected.
The Building Official shall not authorize the refunding of any fee paid except upon written application filed by
the original permittee within one hundred eighty (180) days from the date of fee payment.
F. Section 106.2 Modify by adding part "9" as follows:
9. The replacement of fixed appliances provided however that the replacement appliance is in the
same location and has a rating equal to less than the appliance being replaced, and it is not
necessary to remove, replace, alter, or install any additional ductwork or piping.
G. Sections 108.4 and 108.5. Delete Sections 108.4 and 108.5.
Section 109. Delete Section 109 in its entirety and insert in lieu thereof the following:
Section 109 Appeals. See Title 17 Chapter 12 Appeals in the City Code.
H. Section 504.5. Delete section 504.5 in its entirety and insert in lieu thereof the following:
504.5 Makeup air. All installations shall be provided with makeup air with an opening of not less
than 100 square inches or as required by the manufactures' specifications.
I. Section 506.3.12.3 Modify the paragraph by adding the following at the end of the paragraph
"Where the exhaust outlet fronts an alley, the measurement may be taken from the center line of the
alley."
Ordinance No. 09-4370
Page 2
17-4-4: Penalties for Violations: Violations of this chapter shall be a municipal infraction punishable by
a penalty as provided for in subsection 1-4-2D of the City Code.
This Ordinance shall be in effect January 1, 2010.
of December , 2009.
Hisbldg/ords/2009BCA/2009 imc.doc
Appr yid by
~~~ ~' t a - ~ ~ c~ 5
City Attorney's Office
Ordinance No. 09-4370
Page 3
It was moved by Wilburn and seconded by Champion that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
~_ Correia
x Hayek
x O'Donnell
x Wilburn
x Wright
First Consideration 11 / 17 / 2009
Vote forpassage:AYES: Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion.
NAYS: None. ABSENT: Correia.
Second Consideration --------
Vote for passage:
Date published 12/9/2009
Moved by Wilburn, seconded by Wright, that the rule requiring ordinances to be considered
and voted on for passage at two Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and vote be waived and the ordinance
be voted upon for final passage at this time. AYES: Wright, Bailey, Champion, Correia,
Hayek, O'Donnell, Wilburn. NAYS: None. ABSENT: None.
M~` 11
Prepared by: Tim Hennes and Ryan Olson, 410 E. Washington St., Iowa City, IA 52240; 319-356-5122
ORDINANCE NO. 09-4371
AN ORDINANCE AMENDING TITLE 17, CHAPTER 13, FUEL GAS CODE, BY ADOPTING THE
INTERNATIONAL FUEL GAS CODE, 2009 EDITION, PUBLISHED BY THE INTERNATIONAL CODE
COUNCIL, AND PROVIDING FOR CERTAIN AMENDMENTS THEREOF; TO PROVIDE FOR THE
PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. PURPOSE. The purpose of this ordinance is to adopt the 2009 Edition of the International
Fuel Gas Code as published by the International Code Council; and to provide for certain amendments
thereof; to provide for the protection of the health, welfare and safety of the citizens of Iowa City, Iowa, and
to provide for its enforcement.
SECTION II. Sections 17-13-1, 17-13-2, 17-13-3 and 17-13-4 of the City Code are hereby repealed and
the following new Sections 17-13-1, 17-13-2, 17-13-3 and 17-13-4 are enacted in lieu therof.
17-13-1: Code adopted: Subject to the following amendments, the 2009 Edition of the International
Fuel Gas Code (IFGC) is hereby adopted and shall be known as the Iowa City Fuel Gas Code or the Fuel
Gas Code. Interpretations of the Building Official may be guided by publications of the International Code
Council, Inc. or the International Existing Building Code.
17-13-2: Interpretation of Fuel Gas Code Provisions: The provisions of this Code shall be held to be
the minimum requirements adopted for the protection of the health, safety and welfare of the citizens of Iowa
City. Any higher standards in the state statute or City ordinance shall be applicable.
17-13-3: Amendments to Code: The following sections of the 2009 edition of the International Fuel
Gas Code are amended as follows:
A. Modify entire code to replace "ICC Electrical Code' with "National Electric Code" and replace
"International Plumbing Code" with "Uniform Plumbing Code'.
B. Section 101.1. Insert: "Iowa City"
C. Section 106 2 Modify by adding part "3" as follows:
3. The replacement of fixed appliances provided however that the replacement appliance is in the
same location and has a rating equal to or less than the appliance being replaced, and it is not
necessary to remove, replace, alter, or install any additional ductwork or piping.
D. Section 106.6.1. Delete Section 106.6.1 and insert in lieu thereof the following:
Section 106.6.1 Work commencing before permit issuance: Any person who commences work
on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the
necessary permits shall be subject to a fee equal to the amount of the permit if a permit were issued.
This fee shall be collected whether or not a permit is issued. The payment of such fee shall not
exempt any person from compliance with all other provisions of this Code or from any penalty
prescribed by law.
Only the Building Official may reduce this fee when it is demonstrated that an emergency existed
that required the work to be done without a permit.
E. Section 106.6.2. Delete Section 106.6.2 and insert in lieu thereof the following:
106.6.2 Permit Fees. The fee for each permit shall be as set forth in the mechanical permit fee
schedule as established by resolution of the City Council.
Ordinance No. 09-4371
Page 2
F. Section 106.6.3. Delete Section 106.6.3 and insert in lieu thereof the following:
106.6.3 Refunds. The Building Official may authorize the refunding of any fee paid hereunder
which was erroneously paid or collected.
The Building Official shall not authorize the refunding of any fee paid except upon written
application filed by the original permittee within one hundred eighty (180) days from the date of fee
payment.
G. Section 108.4 and 108.5. Delete Sections 108.4 and 108.5.
H. Section 109. Delete Section 109 in its entirety and insert in lieu thereof the following:
Section 109 Appeals: See Title 17 Chapter 12 Appeals in the Ciry Code.
I. Section 303.3. Modify by deleting exceptions 3 and 4.
J. Section 404.1 Delete last sentence "Piping installed downstream of the point of delivery shall not
extend through any townhouse unit other than the unit served by such piping."
K. Section 614.5. Delete Section 614.5 in its entirety and insert in lieu thereof the following:
614.5 Makeup air. All installations will be provided with makeup air with an opening of not less than 100
square inches or as required by the manufacturers' specifications.
17-13-4 Penalties for Violations: Violations of this chapter shall be a municipal infraction punishable by
Penalty as provided in subsection 1-4-2D of the City Code.
SECTION III. EFFECTIVE DATE. This Ordinance shall be in effect January 1, 2010.
sed~and approved this 1st day of December , 20pg.
MA
A T:
CI CLERK
Approved by
~5~~ ~ ~ ' ~ ~ c ~
City Attorney's Office
H isbldglord/20098CAI2009ifgc.doc
Ordinance No. 09-4371
Page 3
It was moved by Wilburn and seconded by Champion that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
~_ Bailey
x Champion
x Correia
~_ Hayek
g O'Donnell
X Wilburn
_~_ Wright
First Consideration 11 / 17 / 2009
Vote for passage: AYES: O'Donnell, Wilburn, Wright, Bailey, Champion, Hayek.
NAYS: None. ABSENT: Correia.
Second Consideration -----------
Vote for passage:
Date published
12/9/2009
Moved by Wilburn, seconded by Wright, that the rule .requiring ordinances to be considered
and voted on for passage at two Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and vote be waived and the ordinance
be voted upon for final passage at this time. AYES: Wright, Bailey, Champion, Correia,
Hayek, O'Donnell, Wilburn. NAYS: None. ABSENT: None.
"~`a
12
Prepared by: John Grier, Fire Marshal, 410 E. Washington Street, Iowa City, IA 52240
ORDINANCE NO
09-4372
AN ORDINANCE AMENDING TITLE 7, CHAPTER 1, FIRE PREVENTION AND PROTECTION, BY
ADOPTING THE 2009 EDITION OF THE INTERNATIONAL FIRE CODE TO REGULATE AND
GOVERN THE SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION
HAZARDS ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES,
MATERIALS AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN
THE OCCUPANCY OF BUILDINGS AND PREMISES IN THE CITY OF IOWA CITY AND PROVIDING
FOR THE ISSUANCE OF PERMITS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT.
1. Section 1, entitled, "Fire Code Adopted," is hereby deleted and the following new Section 1 is
inserted in lieu thereof:
That a certain document, one (1) copy of which is on file in the office of the City Clerk of the City of
Iowa City, being marked and designated as the International Fire Code, 2009 edition, including Appendix
Chapters B, C, D, E, F, G, H, I, and J as published by the International Code Council, be and is hereby
adopted as the Fire Code of the City of Iowa City, in the State of Iowa regulating and governing the
safeguarding of life and property from fire and explosion hazards arising from the storage, handling and
use of hazardous substances, materials and devices, and from conditions hazardous to life or property in
the occupancy of buildings and premises as herein provided, providing for the issuance of permits and
each, and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the
office of the City Clerk are hereby referred to, adopted and made a part hereof, as if fully set out in this
ordinance, with the additions, insertions, deletions and changes, prescribed in the following sections of
this ordinance.
2. Section 2, entitled "Amendments to Fire Code," is deleted in its entirety and the following new
Section 2 is inserted in lieu thereof:
That the following sections are hereby revised:
Section 101.1 Insert: Iowa City, Iowa
Section 108. Delete Section 108 in its entirety and insert in lieu thereof: See Title 17 Chapter 12 in
this Code.
Section 109.3 Insert: simple misdemeanor or municipal infraction, as prescribed in 1-4-2D.
Section 111.4 Delete the remaining words of the sentence beginning with "to a fine" and insert in lieu
thereof "as provided for in a municipal infraction."
That the geographic limits referred to in certain sections of the 20091nternational Fire Code are
hereby established as follows:
Section 3404.2.9.6.1. The storage of Class I and Class II liquids in above-ground tanks outside of
buildings is prohibited in the entire City of Iowa City, Iowa.
Exception: Zones 11 &2, CI 1 and/or as approved by the Fire Chief.
Section 3406.2.4.4. The storage of Class I and Class II liquids in above-ground tanks is prohibited in
the entire City of Iowa City, Iowa.
Exception: Zones 1 1&2, CI 1 and/or as approved by the Fire Chief.
Section 3804.2. The storage of liquefied petroleum gas is prohibited in the entire City of Iowa City,
Iowa.
Exception: Zones 11 &2, CI 1 and/or as approved by the Fire Chief.
Ordinance No. 09-4372
Page 2
Section 102.1 Modify by adding a fifth applicability requirement to the end as follows:
5. A. A-2 Occupancies that existed prior to August 1, 2007 with an occupant load of 299 or more with an
Alcoholic Beverage Division License (ABDL) shall comply with Section 903.2.1.2 by July 1, 2010.
B. A-2 Occupancies that existed prior to August 1, 2007 with an occupant load of 50-298 located on a
floor other than the level of exit discharge and with an ABDL shall comply with Section 903.2.1.2 by July
1, 2013.
C. B Occupancies that existed prior to August 1, 2007 located on a floor other than the level of exit
discharge and with an ABDL shall comply with Section 903.2.1.2 by July 1, 2013.
D. All A-2 Occupancies that existed prior to August 1, 2007 with an occupant load of 100-298 with an
ABDL shall comply with Section 903.2.1.2, provided that there is a change in business ownership, defined
as the sale, transfer, or assignment of any legal or equitable ownership interest, except that the owner
may show to the building official's satisfaction that said change in ownership is one of form and not
substance.
Section 104.1.1 Add a new section to read as follows: The code official and members of the fire
prevention bureau shall have the powers of a peace officer in performing their duties under this Code.
Section 104.1.2 Add a new section to read as follows: The Fire Chief may appoint and designate
such members of the Fire Department as fire/police investigators upon being certified by the Iowa Law
Enforcement Academy. Fire/police investigators shall have the powers of a peace officer in performing
their duties under this Code, including full powers of arrest to effectuate their duties of enforcing city
ordinances and state statutes. Notwithstanding his/her status as a peace officer, afire/police investigator
shall be subject to the rules and regulations of the Iowa City Fire Department for all purposes and shall
perform such functions as the Fire Chief shall assign.
Section 104.12 Add a new section to read as follows: The code official is authorized to order an
operation or use stopped or the evacuation of any premises, building, or vehicle or portion thereof which
has or is a fire, life safety or health hazard.
Section 105.2 Add a sentence to the end of the section to read as follows: Application for an
operational permit shall be submitted with all required information not less than 14 days prior to the event
requiring a permit.
Section 108 Delete in its entirety. See 14-5-M of this Code.
Section 202 Add a new definition to read as follows: CODE OFFICIAL. The Chief Officer of the Fire
Department, the Fire Marshal, or the Chief's authorized representative.
Section 202 Add new definition to read as follows: EMERGENCY COMMUNICATIONS CENTER.
Shall mean the Iowa City Emergency Communications Center unless and until the operation of the
Johnson County Joint Emergency Communications Center.
Section 202 Delete the existing definition and substitute the following: R-4 Residential occupancies
shall include buildings arranged for occupancy as residential care/assisted living facilities including more
than five but not more than 16 occupants, excluding staff.
Group R-4 occupancies shall meet the requirements for construction as defined in the
International Building Code for Group R-3, except as otherwise provided for in that code.
Section 307 See also 6-6 of this Code.
Section 307.1.1 Delete the section and replace with: Prohibited burning. Burning that is offensive or
objectionable because of smoke or odor emissions or when atmospheric conditions or local
circumstances make such fires hazardous shall be prohibited.
Ordinance No. 09-4372
Page 3
Section 307.1.2 Add a new section to read as follows: Hours of operation. A person shall not
maintain any outdoor burning from 11 p.m. to 7 a.m. unless permitted and approved by the fire code
official.
Section 307.3 Delete the section and replace with: Extinguishment authority. The fire code official is
authorized to order the extinguishment by the responsible person or the fire department of any burning
that creates or adds to a hazardous or objectionable situation.
Section 315.2 Add a sentence to the end of the section to read as follows: Combustible material
storage shall be confined to approved storage areas, such that the presence of incidental storage in any
other area of the building does not constitute a hazard.
Section 401.9 Add a new section to read as follows: Building evacuation. Upon activation of the
building fire alarm system or upon notification by other means of detecting and reporting unwanted fire, all
building occupants shall promptly evacuate the building.
Exception: When the emergency evacuation plan, as approved by the fire code official, does not
require the immediate total evacuation of the building.
Section 402.1 Add a new definition to read as follows: CROWD MANAGEMENT. Crowd
management meshes the design features of a facility, the established operating features of that facility,
and an understanding of the occupants' expected natural behavior in that facility for a specific type of
event.
Section 403.4 Add a new section to read as follows: A-2 Occupancy Crowd Managers. Group A-2
occupancies shall be provided with a minimum of one (1) trained crowd manager anytime occupancy
reaches 50 or more. Where the occupant load exceeds 250, additional trained crowd managers shall be
provided at a ration of one (1) crowd manager for every 250 occupants. The crowd manager shall
annually receive training approved by the fire code official in crowd management techniques.
Section 405.2 Add to the end of the section as follows: Fire and evacuation drills in Group E
occupancies shall be conducted in accordance with Section 100.31 of the Code of Iowa. Fire drills in
Group R, Division 2, Fraternities and Sororities, shall be conducted once per academic semester.
Section 502.1 Add a sentence to the end of FIRE LANE definition to read as follows: See City Code
9-4-13 for additional rules and regulations.
Section 503.2.9 Add a new section to read as follows: Thickness. Fire apparatus access roads shall
be constructed of Portland cement concrete conforming to the specifications of the Iowa Department of
Transportation C-3 or M-3 mixes. The concrete access road shall be a minimum of 7 inches thick over
compacted soil
Section 505.1 Delete the section and replace with: New and existing buildings shall have approved
address numbers, building numbers or approved building identification placed in a position that is plainly
legible and visible from the street or road fronting the property. These numbers shall contrast with their
background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a
minimum of 4 inches high with a minimum stroke width of 0.5 inch. From 100-199 ft from the street the
number shall be a minimum of 6 inches high with a minimum stroke of 0.5 inches. From 200-299 ft from
the street the number shall be a minimum of 8 inches high with a minimum stroke of 0.5 inches. For each
additional 100 ft from the street, the number shall increase by an additional 2 inches in height.
Measurements to determine the minimum number size shall be measured from the approved address
location to the center line of the street for which the premises is addressed. Where access is by means
of a private road and the building cannot be viewed from the public way, a monument, pole or other sign
or means shall be used to identify the structure.
Section 506.1 Add a sentence to the end of the section to read as follows: An approved key box shall
be installed in an approved location on all new construction.
Ordinance No. 09-4372
Page 4
Exceptions: Group R-3 and unsecured R-2 occupancies.
Section 507.5.1 Delete exceptions 1 & 2.
Section 605.9 Delete the section and replace with: Temporary wiring. Temporary wiring for electrical
power and lighting installations is allowed for a period not to exceed 90 days for holiday decorative
lighting, carnivals and similar purposes. Temporary wiring methods shall meet the applicable provisions of
the Iowa City Electrical Code.
Exception: Temporary wiring for electrical power and lighting installations is allowed during periods of
construction, remodeling, repair or demolition of buildings, structures, equipment or similar activities.
Temporary wiring methods shall meet the applicable provisions of the Iowa City Electrical Code.
Section 605.10.5 Add a new section to read as follows: Fully enclosed. Portable, electric space
heaters shall be fully enclosed space heaters that by design have no external surfaces that reach
temperatures capable of igniting materials placed against the surface.
Section 804.4 Add a new section to read as follows: Maintenance. The interior finish of buildings
shall be maintained in accordance with the conditions of original approval. Any change to the interior
finish that is regulated by the provisions of this code or the building code shall be made in accordance
with all applicable requirements.
Section 806.1 Add a sentence to the end of the section to read as follows: Natural or resin-bearing
cut trees and natural decorative vegetation used in buildings open to the general public shall be properly
treated with an approved flame retardant.
Section 806.1.1 Delete the section and replace with: Restricted occupancies. Natural cut trees shall
be prohibited in Group A, B, E, I-1, I-2, I-3, I-4, M, R-1, and R-4 occupancies.
Exception: Trees located in areas protected by an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2 shall not be prohibited in Groups A, B, E, M and R-1.
Section 807.4.3.1 Delete exceptions 1 & 2.
Section 807.4.4.1 Delete exceptions 1 & 2.
Section 901.2 (a) Add a new section to read as follows: Water based fire protection systems. Working
plans submitted to the fire department for water based fire protection systems shall be stamped and
approved by a qualified person to be in compliance with applicable NFPA standards and the Iowa City
Fire Code. Any changes to the working plans shall be approved by a qualified person. A qualified person
shall have a minimum National Institute for Certification in Engineering Technologies [NICET] Level III
certification for Automatic Sprinkler System Layout OR be a licensed engineer with experience in life
safety system design. Other qualifications may be approved by the code official.
Section 901.2 (b) Add a new section to read as follows: Fire alarm systems. Working plans submitted
to the fire department by a qualified person for fire alarm systems shall be stamped and approved by a
qualified person to be in compliance with applicable NFPA standards and the Iowa City Fire Code. Any
changes to the working plans shall be approved by a qualified person. A qualified person shall have a
minimum National Institute for Certification in Engineering Technologies [NICET] Level III certification for
Fire Alarm Systems OR be a licensed engineer with experience in life safety system design. Other
qualifications may be approved by the code official.
Section 903.2.1.2 Delete Section 903.2.1.2 and insert in lieu thereof the following: Section 903.2.1.2
A. New Group A-2 Occupancies. An automatic sprinkler system shall be provided if one of the following
conditions exist:
1) The fire area exceeds 5,000 square feet;
2) The fire area has an occupant load of 100 or more; or
3) The fire area is located on a floor other than the level of exit discharge.
Ordinance No. 09-4372
Page 5
B. Existin Group A-2 Occupancies and Group B Occupancies that existed prior to August 1, 2007. An
automatic sprinkler system shall be provided throughout the A-2 occupancy if one of the following
conditions exists:
1) The A-2 occupancy has an occupant load of 299 or more and has an ABDL.
Exemption: Single business occupancies in single story nonabutting buildings; or
2) The A-2 occupancy has an occupant load of 50-298 and is located on a floor other than the level of
exit discharge and has an ABDL; or
3) Group B Occupancies located on a floor other than the level of exit discharge and which have an
ABDL; or
4) Group A-2 Occupancies with occupant load of 100 or more that have an ABDL and are not
regulated in 61 or 62 above, provided:
There is a change in business ownership, defined as the sale, transfer, or assignment of any
legal or equitable ownership interest, except that the owner may show to the building official's
satisfaction that said change in ownership is one of form and not substance.
Section 903.2.1.6 Add a new Section 903.2.1.6 as follows:
Section 903.2.1.6. An automatic sprinkler system shall be provided throughout buildings and portions
thereof used as new Group B occupancies with an ABDL or existing group B occupancy with a new (not a
renewal) ABDL located on a floor other than the level of exit discharge. The automatic sprinkler system
shall be provided throughout the floor area where the new Group B occupancy with an ABDL or where
the group B occupancy with a new ABDL is located, and in all floors between the Group B occupancy and
the level of exit discharge.
Section 903.2.2 Delete the section and replace with: Group B ambulatory health care facilities. An
automatic sprinkler system shall be installed throughout all fire areas containing a Group B ambulatory
health care facility occupancy.
Section 903.3.5.3 Add a new section to read as follows: Water supply safety margin. Provide a
minimum 10%, but not less than 5 psi, safety margin above static pressure in the fire protection system
hydraulic calculation.
Section 903.4.2 Delete the section and replace with: Alarms. An approved weatherproof horn/strobe
device shall be mounted directly above the fire department connection between seven (7) and ten (10)
feet in height above grade. The water-flow alarm device shall be activated by water flow equivalent to the
flow of a single sprinkler of the smallest orifice size installed in the system. Approved and supervised
audible visual notification appliances shall be installed on each level of the interior of the building as
required by the fire code official and NFPA 72.
Section 903.7 Add a new section to read as follows: Zones. Automatic sprinkler system zones shall
not exceed the area permitted by NFPA 13 or NFPA 13R and shall provide a sprinkler control valve and
vvaterflow device for each normally occupied floor.
Section 906.1 Delete the exception without substitution.
Section 906.3 Add a sentence to the end of the section to read as follows: The minimum size and
rating of any required portable fire extinguisher for Class A, Class B, or Class C hazard shall be 51b. 2-A,
10-B C.
Section 907.2 Delete the section and replace with: Where required-new buildings and structures. An
approved and addressable fire alarm system installed in accordance with the provisions of this code and
NFPA 72 shall be provided in new buildings and structures in accordance with Sections 907.2.1 through
907.2.23 and provide occupant notification in accordance with 907.6, unless other requirements are
provided by another section of this code.
A minimum of one manual fire alarm box shall be provided in an approved location to initiate a fire
alarm signal for fire alarm systems employing automatic fire detectors or water-flow detection devices.
Ordinance No. 09-4372
Page 6
Where other sections of this code allow elimination of fire alarm boxes due to sprinklers, a single fire
alarm box shall be installed.
EXCEPTION:
1. The manual fire alarm box is not required for fire alarm systems dedicated to elevator recall control
and supervisory service.
Section 907.2.1 Delete the exception in Section 907.2.1 in its entirety and insert in lieu thereof the
following exceptions:
EXCEPTION:
1) Except for Group A-2 occupancies with occupant loads of 200 or more, manual fire alarm boxes
are not required where the building is equipped throughout with an automatic sprinkler system
and the alarm notification appliances will activate upon sprinkler water flow.
2) Group A-2. An automatic/manual fire alarm system shall be installed in Group A-2 occupancies
with occupant loads of 200 or more. Activation of the fire alarm shall additionally cause:
a. Illumination of the protected premises to not less than 10foot-candles over the area of
the room at a height of 30 inches above the floor; and
b. All conflicting or confusing sounds and visual distraction to automatically stop.
Section 907.2.3 Modify by adding a sentence to the end of the first paragraph as follows:
New and existing educational occupancies shall have a monitored fire alarm system.
Section 907.2.3 Modify by adding a 4th exception as follows:
4. Day care occupancies classified as Group E Occupancy shall not require a monitored fire alarm system
unless required elsewhere in the code.
Section 907.2.9.1 Delete exception 2 without substitution.
Section 907.2.11.2 Modify by adding a fourth location requirement as follows:
4) Supervised smoke alarms shall be installed in all common corridors and at the top and bottom of all
stairway enclosures in Groups R-2, R-4 and I-1 occupancies. In corridors, detectors shall be located
within fifteen (15) feet of the end of the corridor and in such a way that one detector is located for each
thirty (30) feet of corridor length or spaced as allowed by the code.
Section 907.2.13.2 Delete the section without substitution.
Section 907.5.2 Add a sentence to the end of the section to read as follows: Where in the opinion of
the code official manual fire alarm boxes may be used to cause false fire alarms, the code official is
authorized to modify the requirements for manual fire alarm boxes.
Section 907.7.3 Modify by deleting the exception and inserting in lieu thereof: Exception: Automatic
sprinkler system zones shall not exceed the area permitted by NFPA 13 and shall provide a sprinkler
control valve and waterflow device for each normally occupied floor.
Section 907.7.3.3 Add a section to read as follows: Zone and address location labeling. Fire alarm
and/or annunciator panels shall have all zones and address points plainly and permanently labeled as to
their location on the outside of the panel or on an easily readable map of the building.
Section 907.7.5 Add to the end of the section as follows: Each address point identification shall have
an alpha/numeric descriptor location. Alpha/numeric descriptor locations are required to be reported to
the Iowa City Emergency Communications Center upon activation of supervisory and/or alarm conditions
as specified by the fire code official.
Section 910.1 Delete exception 2 without substitution.
Section 910.3.2.2 Delete section and replace with: Sprinklered buildings. Where installed in
buildings provided with an approved automatic sprinkler system, smoke and heat vents shall be designed
Ordinance No. 09-4372
Page 7
to operate automatically by actuation of aheat-responsive device rated at least 100 degrees F (38
degrees C) above the operating temperature of the sprinkler.
Exception: Gravity-operated drop-out vents complying with Section 910.3.2.1.
Section 910.4.3 Delete section and replace with: Operation. Mechanical smoke exhaust fans shall be
automatically activated by heat detectors having operating characteristics equivalent to those described in
Section 910.3.2. Individual manual controls for each fan unit shall also be provided.
Section 912.7 Add a section to read as follows: Size. Minimum fire department connection size shall
be 2'/2" National Standard Thread.
Section 912.8 Add a section to read as follows: Water supply. Fire department connections shall be
located not more than 100 feet from a hydrant and both the fire department connection and hydrant shall
be located on the same side of the fire department access or as approved by the fire code official.
Section 1028.2 Delete the exception in Section 1028.2 in its entirety and insert in lieu thereof the
following exceptions:
EXCEPTION:
1) Except for Group A-2, in assembly occupancies where there is no well-defined main exit or where
multiple main exits are provided, exits shall be permitted to be distributed around the perimeter of
the building provided that the total width of egress is not less than 100 percent of the required
width.
2) The main entrance/exit of A-2 occupancies shall be of a width that accommodates not less than
two-thirds of the total occupant load.
Section 1029.1 Modify by deleting exceptions 1, 2, 4, & 7.
Section 2306.7 Modify by deleting footnote "J" from TABLE 2306.2.
Section 2703.5 Add a sentence to the end of the section to read as follows: Signs shall also comply
with the requirements of the Iowa Right to Know law.
Section 3301.1.3 Delete exception 4 and insert in lieu thereof: The possession, storage, sale,
handling and use of gold star producing sparklers on wires which contain no magnesium or chlorate or
Perchlorate, flitter sparklers in paper tubes that do not exceed one-eighth of an inch in diameter, toy
snakes which contain no mercury or caps used in cap pistols.
Section 3404.2.9 Add a sentence to the end of the section to read as follows: For aboveground
storage tanks of 276 gallons capacity or more, the minimum distance between such aboveground tanks
and any Residential Zone boundary must be at least 100 feet. If the aboveground tank is located in an
approved vault, the minimum separation distance from a Residential Zone boundary may be reduced to
no less than 50 feet.
Section 3404.2.11.2 Add a #4 to the end of the section to read as follows:
4) A minimum distance of ten (10) feet shall be maintained between .underground tanks and any
Residential Zone boundary.
Section 3404.2.13.2.4 Add a section to read as follows: Existing above-ground tank hazards.
Existing above-ground tank installations, even if previously approved, that are determined to constitute a
hazard by the fire code official, shall not be continued in service. Unsafe tanks shall be removed as
required by the fire code official and in accordance with this code.
Section 3405.5.1 Add an exception to read as follows:
6) Corridor installations are prohibited in Group-E occupancies.
Ordinance No. 09-4372
Page 8
3. Section 7-1-4, entitled, "Penalties For Violation," is hereby deleted and the following new Section 4
is inserted in lieu thereof:
Violations of IFC 107.6, "Overcrowding", as adopted in this title, shall be punishable as municipal
infractions punishable by a civil penalty of seven hundred fifty dollars ($750.00) for a first offense and one
thousand dollars ($1,000.00) for a second or subsequent offense. All other violations of this chapter shall
be a simple misdemeanor or a municipal infraction punishable by a penalty as provided in subsection 1-4-
2D of this code.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in full force and effect January 1, 2010.
and approved this 1st day of December , 2009.
C
ATTEST: ~
CITY CL
Approved by:
City Attorney's Office
Ordinance No. 09-4372
Page 9
It was moved by wilburn and seconded by Champion that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
~-
x
x
x
x
x
First Consideration i i / 17 / 2009
Vote for passage: AYES: wilburn,
NAYS: None. ABSENT: Correia.
Second Consideration ------------
Vote for passage:
Date published t ~ / 9 / 2009
Moved by Wilburn, seconded by Wright, that the rule requiring ordinances to be considered
and voted on for. passage at two Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and vote be waived and the ordinance
be voted upon for final passage at this time. AYES: Wright, Bailey, Champion, Correia,
Hayek, O'Donnell, Wilburn. NAYS: None. ABSENT: None.
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
Wright, Bailey, Champion, Hayek, O'Donnell.
r~ ~;:
~~ ~ ~~I'7
Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 12, ENTITLED "FRANCHISES", OF THE CITY
CODE TO ADD A CHAPTER IMPOSING A FRANCHISE FEE ON THE GROSS
REVENUE OF FRANCHISEE MIDAMERICAN ENERGY COMPANY DERIVED FROM
THE DISTRIBUTION AND RETAIL SALE OF ELECTRICITY AND THE DISTRIBUTION,
DELIVERY AND RETAIL SALE OF NATURAL GAS BY MIDAMERICAN, OR OTHER
NATURAL GAS PROVIDERS UTILIZING THE DISTRIBUTION SYSTEM OF
MIDAMERICAN, TO CUSTOMERS WITHIN THE CURRENT OR FUTURE CORPORATE
LIMITS OF THE CITY OF IOWA CITY, AND ON A REVENUE PURPOSE STATEMENT
SPECIFYING THE PURPOSE OR PURPOSES FOR WHICH THE REVENUE
COLLECTED FROM THE FRANCHISE FEE WILL BE EXPENDED
WHEREAS, Iowa City's current gas and electric franchises with MidAmerican Energy
Company reserve to the City the right to impose a franchise fee on MidAmerican's gross
revenue from the sale of electricity and natural gas; and
WHEREAS, Senate File 478 enacted by the state legislature during the 2009 session
legalized such a franchise fee; and
WHEREAS, Senate File 478 requires the City, prior to adopting a franchise fee rate
ordinance, to prepare and publish a Revenue Purpose Statement specifying the purpose or
purposes for which the revenue collected from the franchise fee will be expended; and
WHEREAS, the Revenue Purpose Statement and notice of public hearing on this ordinance
was published on October 26, 2009.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. AMENDMENTS.
TITLE 12, FRANCHISES: is hereby amended by adding Chapter 5, entitled "Franchise Fees" as follows:
Chapter 5. Franchise Fees
12-5-1 Electric Franchise Fee
Pursuant to Section 12-1-16 of the City's franchise agreement with MidAmerican Energy Company
(hereinafter "Company"), there is hereby imposed upon the Company a franchise fee in an amount
equal to two percent (2%) of the gross revenue of the company, minus uncollectible accounts, derived
from the distribution, delivery and retail sale of electricity by the company to customers within the current
or future corporate limits of the city, commencing with gross revenue received on or after April 1, 2010.
12-5-2 Gas Franchise Fee
Pursuant to Section 12-2-13 of the City's franchise agreement with the Company, there is hereby
imposed upon the Company a franchise fee in an amount equal to two percent (2%) of the gross
revenue of the company, minus uncollectible accounts, derived from the distribution, delivery and retail
sale of natural gas by the company or other natural gas providers utilizing the distribution system of the
Ord. No.
Page 2
company, to customers within the current or future corporate limits of the city, commencing with gross
revenue received on or after April 1, 2010.
12-5-3 Audit
The city may, at its option, require that an audit of the calculation and basis for calculation of the
franchise fee be conducted by an auditor of the city's selection and the company will cooperate with
such an audit. Said audit shall not be conducted more than once a year. The city shall pay the costs of
the audit unless the audit shows an underpayment of franchise fees by an amount equal to three
percent (3%) or more of the fees, in which event the company shall pay the cost of the audit.
12-5-4 Revenue Purpose Statement
The revenue collected from said franchise fees will be expended for any of the following purposes:
1. Inspecting, supervising and otherwise regulating the MidAmerican Energy Company's gas and
electric franchises.
2. Public safety, including the equipping of fire, police and emergency services.
3. Public infrastructure to support commercial and industrial economic development.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of
this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged
to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE.DATE. This Ordinance shall be effective upon publication.
Passed and approved this day of , 2009.
MAYOR
ATTEST:
CITY CLERK
A roved by
i~_ a~^~~
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
that the Ordinance
First Consideration 11/2/2009
Vote for passage: AYES: O'Donnell, Wilburn, Wright, Bailey, Correia, Hayek.
NAYS: Champion. ABSENT: None.
Second Consideration 11 / 17 / 2009
Vote for passage: AYES
ABSENT: Correia.
Date published
Hayek, O'Donnell, Wilburn, Wright, Bailey. NAYS: Champion.
+~-~ ~ ~=-
Prepared by: Sara F. Greenwood, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240;
319-356-5030
ORDINANCE NO. 09-4373
ORDINANCE AMENDING ORDINANCE CODE SECTION 16-1D-2, ENTITLED "PERMIT
REQUIREMENTS" TO REQUIRE AND ALLOW COUNCIL TO SET BY RESOLUTION AN
EXCAVATION PERMIT FEE SCHEDULE.
WHEREAS, the City does not currently require a permit fee for excavation permits issued to perform
excavations within the public right-of-way; and
WHEREAS, the City desires to require an excavation permit fee and allow the Council to set said fee
schedule by resolution; and
WHEREAS, said excavation permit fees will cover the administrative costs incurred by the City in
issuing such permits, and inspecting and monitoring the permitted work.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
1. Title 16, entitled "Public Works," Chapter 1, entitled "Streets, Sidewalks and Public Right Of
Way," Article D, entitled "Excavations," Section 2, entitled "Permit Requirements" is hereby amended by
adding the following subsection:
D. Permit Fee: The fee for each permit shall be as set forth in the excavation permit fee schedule as
established by resolution of the city council and shall be paid by all parties wishing to make
excavations pursuant to this Article, except for those parties with which the City has a franchise
agreement and from whom the City receives franchise fees.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this lst day of Decemb _, 2,009.
A
ATTEST:
ERK
Approved by
~~~ ~~
City Attorney's Office ~ ~ / 2 8I ~~,
Ordinance No. 09-4373
Page 2
It was moved by chamyion -and seconded by Wilburn that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
~_ Correia
g Hayek
x O'Donnell
x Wilburn
x Wright
First Consideration 11/2/200
Vote for passage: AYES: Champion, Correia,
Bailey. NAYS: None. ABSENT: None.
Second Consideration 11 / 17 / 2009
Vote for passage: AYES: O'Donnell, Wilburn,
NAYS: None. ABSENT: Correia.
Date published 12/9/2009
Hayek, O'Donnell, Wilburn, Wright,
Wright, Bailey, Champion, Hayek.